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UNIVERSITY  OF 
ILLINOIS  LIBRARY 
AT  URBANA-CHAMPAIGN 
ILL  HIST.  SURVEY 


.*'3'  '■ ' 


I 


I 


Revised  Ordinances 


OF  THE 


CITY  OF  MARSEILLES, 

LA  SALLE  COUNTY,  STATE  OF  ILLINOIS. 


REVISED  AND  CONSOLIDATED 


PETER  M.  MacARTHUR, 

Member  of  LaSalle  County  Bar. 


PUBLISHED  BY  AUTHORITY  OF  THE 

CITY  COUNCIL. 

1904. 


355-0773 
M  351  y 
I'joUr 


CITY  OF  MARSEILLES,  ILLINOIS. 

Incorporated  April  21,  1891,  under  an  Act  entitled  “An  Act  to 
provide  for  the  Incorporation  of  Cities  and  Villages.” 
Approved  April  10,  1872. 


* 


HISTORY  OF  MARSEILLES,  ILLINOIS. 

Compiled  by  Mary  D.  MacArthur. 


The  many  advantages  offered  by  the  Grand  Rapids  of  the 
Illinois  River  were  appreciated  by  the  Indians  from  time  imme¬ 
morial.  The  long  portage  rendered  necessary  by  the  Rapids 
gave  an  advantage  over  hostile  invaders  not  readily  overcome 
with  the  primitive  weapons  then  used.  And  when  to  this 
natural  defense  was  added  the  unfailing  presence  of  game 
attracted  by  the  many  salt  licks  near,  one  can  readily  under¬ 
stand  why  perpetual  settlements  were  made  by  Indians  near 
the  Rapids. 

White  men  were  prompt  as  the  Red  in  seizing  Nature’s 
gift,  and  a  fort  built  on  the  island  gave  such  control  of  the 
country  as  to  be  of  great  strategic  value  to  the  strong-hold 
erected  at  Starved  Rock.  This  early  occupancy  of  the  land  re¬ 
sulted  in  the  clearing  by  the  river  so  convenient  for  the  early 
settlers. 

The  first  of  these  in  the  present  limits  of  Marseilles  was 
William  Richey,  who  came  in  1831.  Where  one  led  many  fol¬ 
lowed,  and  in  1832  Ephraim  Sprague  built  a  dam  across  the 
mouth  of  a  bayou  near  the  present  site  of  the  head  gates,  and 
aided  by  a  wing  dam  in  the  river,  secured  power  sufficient  for 
the  successful  operation  of  a  saw  mill,  the  first  improvement  of 
the  Grand  Rapids  of  the  Illinois  River. 

Lovel  Kimbal  came  in  1834,  saw  the  great  importance  of 
the  unequaled  water  power,  and  immediately  began  to  acquire 
possession  of  property  adjacent  to  the  river.  So  forceful  and 
energetic  was  he,  that  in  a  short  time  he  attained  his  desired 
object,  and  became  the  first  proprietor  of  the  water  power. 

Roderick  Clark,  the  next  owner  of  the  water  power,  came 
in  1853.  His  public  spirited  management  of  the  immense 
power,  as  well  as  his  friendliness  to  the  railroad,  indicated  by 
gift  of  land  on  which  to  place  the  depot,  drew  residents  to  the  west 
end  of  the  town,  which  place  for  many  years  in  consequence  was 
called  Clarktown.  His  son,  John  F.,  inheritor  of  his  father’s 


6 


History  of  Marseilles. 


indomnitable  energy,  now  president  of  the  Marseilles  Wrapping 
Paper  Company,  has  eontinued  his  father’s  policy,  thus  materi¬ 
ally  assisting  the  rapid  growth  of  the  manufa  turing  interests 
of  The  Lowell  of  the  West. 

The  water  power  has  since  been  in  the  possession  of 
Bird  Bickford,  Wm.  E.  Hawks,  Ferdinand  Schumacher  and 
W.  D.  Boyce,  the  present  owner,  who  has  greatly  enlarged  and 
improved  the  power  by  new  head  gates  and  races,  and  has  con¬ 
structed  a  new  concrete  dam  which  spans  the  river  from  bank 
to  bank  at  great  cost,  thus  securing  in  Marseilles  a  permanent 
and  stable  water  power  and  one  of  the  finest  in  the  west. 

The  charter  of  the  Land  &  Water  Co.  was  obtained  in  1867 
by  Roderick  Clark,  who  with  0.  W.  Young  and  Isaac  Underhill, 
organized  the  Land  &  Water  Power  Co. 

Lovel  Kimbal,  the  first  postmaster,  was  appointed  in  1835. 
His  hat,  at  first,  was  the  usual  repository  of  the  few  letters  ar¬ 
riving.  Increased  prosperity  was  indicated  by  the  necessity  of 
a  small  wooden  box  with  a  few  pigeon-holes  to  accommodate  the 
greater  bulk  of  the  mail.  The  list  of  postmasters  to  date  (1904) 
is  here  given:  Lovel  Kimbal,  John  Richey,  Albert  Butterfield, 
D.  H.  Slagle,  appointed  in  1866,  and  holding  until  the  appoint¬ 
ment  by  Cleveland  in  1886,  of  Ebenezer  Barber,  A.  L.  Stone 
P.  M.  MacArthur  and  S.  S.  Thompson. 

1836  was  known  as  the  great  emigration  year,  owing  to 
Kimbal’ s  wonderful  energy  in  advertising  Marseilles  in  the  east. 
The  Marseilles  Manufacturing  Company,  chartered  in  1836  with 
Lovel  Kimbal  and  A.  D.  Butterfield  on  the  board  of  directors, 
secured  the  plat  of  the  town  which  had  been  recorded  in  1835. 
This  company  put  on  a  stage  line  to  accommodate  the  traveling 
public  in  1836. 

The  creek  in  east  Marseilles,  then  called  Richey’s  creek, 
was  such  an  obstacle  to  travel  during  spring  floods  as  to  delay 
the  stage  for  hours  or  even  a  day  at  a  time.  The  stage  line 
forded  the  river  at  a  place  a  trifle  east  of  the  present  bridge, 
and  continued  to  Ottawa  on  the  south  side  of  the  river.  The 
fording  was  readily  made  on  the  darkest  night,  the  safe  road 
showing  dimly  white  through  the  water,  from  the  constant 
friction  of  the  rocky  bed  by  the  wheels  of  the  many  passing 
vehicles. 

The  first  hotel,  located  on  what  is  now  the  northeast  corner 


History  of  Marseilles 


7 


of  the  crossing  of  Orange  avenue  and  Bluff  street,  was  kept  by 
A.  D.  Butterfield  in  1836,  and  so  great  was  the  tide  of  travel  in 
that  year,  that  he  often  used  to  take  in  twenty-five  dollars  a 
day  for  meals  and  lodging.  The  breaking  of  land  for  the  canal 
this  year  greatly  increased  the  influx  of  strangers. 

In  1836  Mrs.  Gum,  a  widow,  with  her  children  came  to 
Marseilles.  Of  the  one  hundred  and  fifty  inhabitants  of  that 
date,  Allen  S.,  her  youngest  son,  is  the  only  one  living  in 
Marseilles. 

The  first  frame  house  was  built  on  the  west  bank  of  the 
creek  in  east  Marseilles  on  the  south  side  of  the  Morris  road,  and 
is  now  standing  a  monument  to  the  durability  of  work  done  in 
those  early  times. 

The  erection  of  a  large  grist  mill  which  exceeded  anything 
of  that  kind  then  in  the  United  States,  was  completed  in  1841. 
It  had  eight  run  of  52-inch  stones  and  nine  water  wheels.  It 
was  destroyed  by  fire  in  1842.  Owing  to  legal  technicality  no 
insurance  could  be  collected,  but  Kimbal  bravely  began  to 
replace  the  mill,  setting  up  a  saw  mill  among  the  ruins,  and 
taking  power  from  the  uninjured  water  wheels  to  run  the  saws 
used  for  making  the  lumber.  Before  this  mill  was  rebuilt, 
however,  the  dam  went  out,  and  the  Marseilles  Manufacturing 
Company,  unable  to  survive  this  additional  disaster,  broke  up. 
Kimbal  never  tried  to  do  anything  more  with  the  power,  and 
died  in  1848  of  the  cholera. 

The  Jennings  saw  mill,  which  also  contained  one  run  of 
stone,  was  put  in  operation  by  means  of  a  wing  dam  on  the 
south  side  of  the  river,  near  the  south  end  of  the  bridge.  This 
was  some  time  between  1844  and  1854. 

The  first  loaded  boat,  A.  J.  Hobart,  captain,  came  to  Otta¬ 
wa  through  the  canal  in  1842.  Its  cargo  reduced  the  price  of 
lumber  from  sixty  to  thirty  dollars  per  thousand. 

Scott  &  Harrington  met  the  increased  demand  of  the  new 
settlers  by  opening  a  general  store  in  1849,  previous  to  which 
W.  W.  Richey  had  kept  a  stock  of  goods  more  suited  to  the 
needs  of  his  Indian  patrons  than  the  white  families  of  the 
vicinity. 

The  first  school  was  opened  in  a  log  house  built  on  the 
ridge  near  the  crossing  of  the  present  Clark  and  First  streets. 

The  Chicago  &  Rock  Island  Railroad  was  built  in  1852. 


8 


History  of  Marseilles. 


Albert  Butterfield  was  the  first  agent,  and  the  receipts  for  the 
first  year  were  two  hundred  dollars. 

Richard  Hughes  started  from  Youngstown,  Ohio,  in  1848, 
in  search  of  coal,  reports  of  which  in  the  Illinois  valley  were 
made  by  some  of  the  early  explorers.  Stopping  some  months 
in  Chicago  it  was  not  until  1849  that  he  continued  his  search  down 
the  valley.  Coal  was  found  first  at  Channahon,  but  he  decided 
on  further  research,  and  continued  on  his  exploration  till  Mar¬ 
seilles  was  reached.  Finding  trees  of  coal  in  Richey’s  now 
Gum’s  ravine,  he  decided  to  locate  here,  and  opened  a  mine  in 
1849.  His  first  contract  for  mining  coal  was  made  in  1850  with 
Dr.  Daniel  Ward.  This  was  the  first  coal  mined  in  the  State  of 
Illinois. 

The  first  bridge  over  the  Illinois  was  commenced  in  1865, 
swept  out  by  an  ice  gorge  in  1866,  but  immediately  replaced  by 
a  much  better  one,  completed  in  1867.  Being  the  result  of  pri¬ 
vate  enterprise,  the  public  were  required  to  pay  toll  until  187.., 
when  the  village  and  township  of  Fall  River  bought  the  bridge, 
and  it  was  opened  free  to  general  travel. 

The  Universalist  Church,  organized  in  1859  with  J.  M.  Day 
as  pastor,  was  the  first  church  in  Marseilles. 

The  first  lodge  in  Marseilles  was  Juniata  Lodge,  I.  O.  O.  F., 
organized  in  1856. 

The  first  newspaper  was  published  in  1866.  It  was  called 
the  Marseilles  Gazette,  and  A.  St.  Clair  was  editor. 

The  first  dam  across  the  river  was  swept  out  by  a  freshet 
and  replaced  before  1841.  The  dam  now  (1904)  in  course  of 
construction,  takes  the  place  of  one  commenced  in  1866  by  D. 
Hurd,  still  a  resident  of  the  city,  and  completed  in  1867  by 
James  Bratton. 

The  Marseilles  Manufacturing  Company,  then  composed  of 
A.  Adams  &  Sons,  whose  lease  for  water  power  bears  date  of 
June  11,  1867,  began  work  on  their  buildings  in  that  year. 
This  is  the  oldest  business  establishment  in  the  city,  and  the 
rectitude  and  integrity  of  their  business  dealings  have  always  an 
influence  for  good  in  the  community. 

The  First  National  Bank  was  organized  in  1871  by  Dow  & 
Tillson.  W.  A.  Morey  and  F.  T.  Neff  are  respectively  president 
and  cashier. 

Marseilles  was  first  plated  as  a  town  in  1835.  It  was  or- 


History  of  Marseilles. 


9 


ganized  as  a  village  under  special  charter  from  the  legislature  in 
1856.  It  was  reorganized  as  a  village  under  the  general  laws  of 
the  State  relating  to  cities  and  villages  in  18 — .  It  became  a 
city  in  1891  and  John  R.  Galloway  was  the  first  mayor. 

That  one  may  compare  the  town  of  1835,  containing  no 
hotel  or  store  even,  with  the  Marseilles  of  1904  and  its  four 
thousand  inhabitants,  lighted  by  electricity,  furnished  with 
water  works,  having  an  interurban  line  and  telephone,  and  thus 
realize  what  the  passage  of  sixty-nine  years  has  done  for  Mar¬ 
seilles,  a  list  follows  of  present  business  enterprises:  seven 
churches,  three  school  buildings,  city  hall,  Masonic  Temple,  two 
hotels,  one  National  bank,  business  college,  opera  house,  three 
cigar  factories,  laundry,  three  livery  stables,  two  lumber  yards, 
six  grain  elevators,  machine  shop  and  foundry,  concrete  brick 
and  hollow  stone  works,  patent  models  and  expert  machinists 
shop,  Marseilles  Mfg.  Co.,  Marseilles  Harrow  Mfg.  Co.,  Howe  & 
Davidson  Co.,  W.  D.  Boyce  Paper  Mills  Co.,  Crescent  Paper  Co., 
Marseilles  Wrapping  Paper  Co.,  Marseilles  Coal  Mining  Co.,  two 
daily  and  two  weekly  newspapers,  and  stores  and  mercantile 
establishments  covering  almost  all  lines  of  trade. 


CITY  OFFICERS. 

From  the  Incorporation  of  the  City  to  the  Year  1904. 


1891.  John  R.  Galloway,  Mayor. 

ALDERMEN. 

First  ward . F.  M.  Johnson,  W.  B.  Worthingham 

Second  ward . G.  W.  Smith,  J.  M.  Fleming 

Third  ward . O.  P.  Thurber,  J.  M.  Taylor 

C.  L.  Stinson,  Clerk;  H.  D.  Osgood,  Attorney; 

C.  N.  Ward,  Treasurer. 


1892.  John  R.  Galloway,  Mayor. 

ALDERMEN. 

First  ward . *W.  B.  Worthingham,  James  Lyle,  J.  L.  Drake 

Second  ward . G.  W.  Smith,  A.  L.  Trager 

Third  Ward . O.  P.  Thurber,  S.  T.  Osgood 

C.  L.  Stinson,  Clerk;  H.  D.  Osgood,  Attorney; 

/ 

C.  N.  Ward,  Treasurer. 


1893.  John  R.  Galloway,  Mayor. 

ALDERMEN. 

First  ward . James  Lyle,  R.  T.  Harrington 

Second  ward . . A.  L.  Trager,  J.  M.  Fleming 

Third  ward . S.  T.  Osgood,  B.  A.  Roath 

C.  L.  Stinson,  Clerk;  John  C.  Foie}7,  Attorney; 

Charles  Brier,  Treasurer. 


1894.  John  R.  Galloway,  Mayor. 

ALDERMEN. 

First  ward . John  R.  Clark,  R.  T.  Harrington 

Second  ward . A.  L.  Trager,  J.  M.  Fleming 

Third  ward  . J.  M.  Grantham,  B.  A.  Roath 

C.  L.  Stinson,  Clerk;  J.  C.  Foley,  Attorney; 

Charles  Brier,  Treasurer. 

♦Resigned. 

11 


12 


OFFICERS. 


1895.  G.  W.  Smith,  Mayor. 

ALDERMEN. 

First  ward . . . . . Henry  Dawell,  John  R.  Clark 

Second  ward . A.  S.  Gum,  A.  L.  Trager 

Third  ward . H.  B.  McKahin,  J.  M.  Grantham 

Robert  Smith,  Clerk;  J.  C.  Foley,  Attorney; 

John  H.  Galloway,  Treasurer. 


1896.  G.  W.  Smith,  Mayor. 

ALDERMEN. 

First  ward  . . G.  W.  Hessling,  W.  M.  Churchill 

Second  ward . J.  J.  Jamieson,  A.  S.  Gum 

Third  ward . . F.  P.  Tisler,  L.  M.  Davison 

Robert  Smith,  Clerk;  J.  C.  Foley,  Attorney; 

John  H.  Galloway,  Treasurer. 


1897.  E.  J.  ¥/ard,  Mayor. 

ALDERMEN. 

First  ward . G.  E.  Hessling,  W.  M.  Churchill 

Second  ward . A.  J.  Gum,  J.  J.  Jamieson 

Third  ward . . . F.  P.  Tisler,  L.  M.  Davison 

O.  P.  Clark,  Clerk;  D.  A.  Nicholson,  Attorney; 

John  H.  Galloway,  Treasurer. 


1898.  E.  J.  Ward,  Mayor. 

ALDERMEN. 

First  ward . W.  M.  Churchill,  G.  W.  Hessling 

Second  ward . H.  B.  McKahin,  A.  J.  Gum 

Third  ward . . . J.  H.  Cowles,  F.  P.  Tisler 

O.  P.  Clark,  Clerk;  D.  A.  Nicholson,  Attorney; 

John  H.  Galloway,  Treasurer. 


1899.  G.  C.  Stebbins,  Mayor. 

ALDERMEN. 

First  ward . Eli  Monnett,  W.  M.  Churchill 

Second  ward . H.  B.  McKahin,  J.  E.  Bond 

Third  ward . Augustus  Adams,  J.  H.  Cowles 

O.  F.  Howland,  Clerk;  D.  A.  Nicholson,  Attorney; 

F.  L.  Butterfield,  Treasurer. 


OFFICERS 


13 


1900.  G.  C.  Stebbins,  Mayor. 

ALDERMEN. 

First  ward . E.  J.  Ward,  Eli  Monnett 

Second  ward . M.  S.  Nicholson,  J.  E.  Bond 

Third  ward . J.  Id.  Cowles,  Albert  Dean 

O.  F.  Howland,  Clerk;  D.  A.  Nicholson,  Attorney; 

F.  L.  Butterfield,  Treasurer. 


1901.  *  G.  C.  Stebbins,  Mayor. 

ALDERMEN. 

First  ward . . . Eli  Monnet,  E.  J.  Ward 

Second  ward . J.  M.  Howard,  M.  S.  Nicholson 

Third  ward  . . J.  H.  Cowles,  Albert  Dean 

G.  C.  Nelson,  Clerk;  H.  D.  Osgood,  Attorney; 

J.  II.  Galloway,  Treasurer. 

1902.  G.  C.  Stebbins,  Mayor. 

ALDERMEN. 

First  ward . . . Eli  Monnett,  Arthur  Moore 

Second  ward.. . . . . . J.  M.  Howard,  R.  D.  Felt 

Third  ward  . J.  H.  Cowles,  Albert  Dean 

G.  C.  Nelson,  Clerk;  H.  D.  Osgood,  Attorney, 

J.  H.  Galloway,  Treasurer;  Peter  M.  MacArthur, 
Corporation  Counsel. 

1903.  William  H.  McIntyre,  Mayor. 

ALDERMEN. 

First  ward . . . . .J.  E.  Towns,  S.  P.  Deming 

Second  ward . . . . . . . R.  D.  Felt,  R.  T.  White 

Third  ward . . . J.  H.  Cowles,  E.  R.  Spencer 

**A.  C.  Bateman,  Clerk;  *W.  A.  Morey,  Attorney; 

L.  J.  Kerns,  Treasurer. 

1904.  William  H.  McIntyre,  Mayor. 

ALDERMEN. 

First  ward. ...  . . . S.  P.  Deming,  Eli  Monnett 

Second  ward  . R-  T.  White,  Iver  Iverson 

Third  ward  . E.  T.  Spencer,  John  H.  Cowles 

William  Whitfield,  Clerk;  J.  A.  Holmes,  Attorney; 

L.  J.  Kerns,  Attorney. 


*Resigned;  J  A.  Holmes  elected  to  fill  vacancy. 
**Resigned;  William  Whitfield  elected  to  fill  vacancy. 


RULES  AND  ORDER  OF  BUSINESS  OF  THE  CITY 
COUNCIL  OF  THE  CITY  OF  MARSEILLES,  ILL. 


The  following  rules  of  procedure  and  order  of  business  shall 
be  invariably  adhered  to  by  the  city  council,  unless  the  same  be 
temporarily  suspended  by  unanimous  consent. 

RULE  i.  At  the  appointed  hour  for  the  meeting,  the 
mayor  or,  in  his  absence,  the  mayor  pro  tern,  shall  take  the 
chair  and  call  the  council  to  order.  The  city  clerk  or  some  one 
appointed  to  fill  his  place,  shall  proceed  to  call  the  roll  of  mem¬ 
bers,  marking  the  absentees,  and  announce  whether  a  quorum 
be  present.  Upon  the  appearance  of  a  quorum  the  council  shall 
proceed  to  the  business  before  them,  and  the  same  shall  be  con¬ 
ducted  in  the  following  order: 

ist.  The  reading  of  the  minutes  of  the  proceedings  of  the 
last  meeting,  amendment  and  approval  of  the  same. 

2nd.  The  presentation  of  petitions. 

3rd.  Reports  of  city  officers. 

4th.  Reports  of  standing  committees. 

5th.  Reports  of  special  committees. 

6th.  Communications  to  the  city  council. 

7th.  Unfinished  business  of  preceding  meeting. 

8th.  Motions,  resolutions  and  notices. 

9th.  New  business  not  otherwise  provided  for. 

RULE  2.  All  questions  relating  to  the  priority  of  business 
shall  be  decided  without  debate. 

RULE  3.  The  mayor  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  subject  to  an  appeal  to 
the  city  council;  and  shall  conduct  all  business  before  the  coun¬ 
cil  with  fairness  and  impartiality,  to  a  speedy  and  proper  result. 

RULE  4.  Every  member,  previous  to  his  speaking,  shall 
rise  from  his  seat  and  address  the  mayor,  but  shall  not  proceed 
with  his  remarks  until  recognized  and  named  by  the  chair. 

RULE  5.  When  two  or  more  members  rise  at  once,  the 
mayor  shall  name  the  member  that  is  first  to  speak. 


15 


16 


RULES  AND  ORDER  OF  BUSINESS 


RULE  6.  While  a  member  is  speaking,  no  member  shall 
entertain  any  private  discourse  or  pass  between  him  and  the 
chair. 

RULE  7.  No  member  shall  speak  more  than  twice  to  the 
same  general  question;  nor  more  than  once  to  a  “previous  ques¬ 
tion,”  without  leave  of  the  city  council;  nor  more  than  once  on 
any  question,  until  every  member  choosing  to  speak  shall  have 
spoken;  nor  longer  than  five  minutes  at  any  one  time. 

RULE  8.  A  member  called  to  order  shall  immediately  sit 
down,  unless  permitted  to  explain.  If  there  be  no  appeal,  the 
decision  of  the  chair  shall  be  conclusive;  but  if  a  member  appeal 
to  the  city  council  from  the  decision  of  the  chair,  the  city  coun¬ 
cil  shall  decide  the  question  without  debate,  and  the  question  to 
be  put  shall  be:  “shall  the  decision  of  the  chair  be  sustained?” 

RULE  9.  Every  member  who  is  present  when  a  question 
is  stated  by  the  mayor,  shall  vote  thereon,  unless  he  be  excused 
by  the  city  council,  or  unless  he  be  directly  interested  in  the 
question,  in  which  case  he  shall  not  vote. 

RULE  10.  While  the  mayor  is  putting  the  question  or  de¬ 
ciding  a  point  of  order,  the  members  shall  be  seated ;  and  no 
member  shall  leave  the  council  chamber  without  permission 
from  the  council. 

RULE  11.  No  motion  shall  be  debated  or  put  unless  it  be 
seconded,  and  when  a  motion  is  seconded  it  shall  be  stated  by 
the  chair,  or  if  it  be  in  writing  it  shall  be  read  aloud  by  the  clerk 
before  debate  or  vote  thereon. 

RULE  12.  If  the  question  in  debate  contains  several  dis¬ 
tinct  propositions,  any  member  may  have  the  same  divided. 

RULE  13.  When  a  question  is  under  debate,  no  motion 
shall  be  received,  unless  for  the  “previous  question,”  “to  post¬ 
pone  indefinitely,”  “to  adjourn  to  a  certain  day,”  “to  lay  on 
the  table,”  “to  amend,”  or  to  adjourn  the  city  council. 

RULE  14.  A  motion  for  the  previous  question,  to  lay  the 
question  on  the  table  or  to  commit  it,  until  it  is  decided,  shall 
preclude  all  amendments  and  debate  of  the  main  question ;  and 
a  motion  to  postpone  a  question  indefinitely  or  to  adjourn  to  a 


RULES  AND  ORDER  OF  BUSINESS. 


17 


certain  day,  shall,  until  it  is  decided,  preclude  all  amendments 
to  the  main  question. 

RULE  15.  The  “previous  question”  shall  be  as  follows: 
“Shall  the  main  question  be  now  put?”  If  it  is  carried  its  effect 
shall  be  to  bring  the  council  to  an  immediate  vote,  first  upon  the 
amendments,  if  any,  upon  the  inverse  order  of  their  age,  then 
upon  the  main  question.  If  the  previous  question  shall  not  be 
carried,  the  question  may  be  resumed  the  same  as  if  the  previous 
question  had  not  been  put. 

RULE  16.  When  a  blank  is  to  be  filled  and  different  sums 
or  times  are  proposed,  the  question  shall  be  first  upon  the 
largest  sum  and  the  longest  time. 

RULE  17.  When  amendments  are  offered  to  any  question 
before  the  city  council,  the  vote  shall  first  be  taken  on  the 
amendment  last  proposed. 

RULE  18.  If  any  member  request  it,  the  ayes  and  nays 
upon  any  question  shall  be  taken  and  entered  upon  the  minutes. 

RULE  19.  In  all  cases  when  a  resolution  or  motion  shall 
be  entered  on  the  minutes  of  the  city  council,  the  name  of  the 
member  moving  the  same  shall  be  entered  upon  the  minutes. 

RULE  20.  The  election  of  any  member  of  the  city  coun¬ 
cil  to  the  chair,  during  the  temporary  absence  of  the  mayor, 
shall  not  deprive  such  member  of  his  vote  as  alderman  of  the 
ward  he  represents,  and  no  vote  shall  be  deemed  carried  unless 
by  a  majority  of  the  aldermen  present. 

RULE  21.  All  reports  of  committees  shall  be  addressed 
to  the  “Mayor  and  City  Council  of  the  City  of  Marseilles.” 

RULE  22.  No  person  not  a  member  of  the  city  council 
shall  be  permitted  to  address  the  same,  except  by  consent  of  a 
majority  of  the  members  present. 

RULE  23.  “Roberts’  Rules  of  Order”  shall  govern  the 
proceedings  of  the  city  council,  except  when  in  conflict  with  the 
foregoing  rules. 


/ 


GENERAL  ORDINANCES 

OF  THE 


City  of  Marseilles,  Illinois. 


AN  ORDINANCE 


REVISING  AND  CONSOLIDATING  THE  GENERAL 
ORDINANCES  OF  THE  CITY  OF  MARSEILLES, 

ILLINOIS. 


WHEREAS,  It  is  expedient  that  the  general  ordinances  of 
the  City  of  Marseilles  be  revised  and  consolidated  and  arranged 
in  appropriate  chapters  and  sections,  and  that  the  whole  be 
made  as  clear  and  concise  as  possible;  therefore, 

Be  it  Ordained  bv  the  City  Council  of  the  City  of  Marseilles,  Illinois: 


CHAPTER  I. 


THE  MAYOR  AND  HIS  DUTIES. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12.. 

13. 

14. 

15. 


The  mayor — his  qualifications. 

Taking  oath  and  giving  bond. 

Enforce  ordinances — preside  at  meetings. 

Vacancy. 

Appointment  of  city  officers. 

Supervise  conduct  of  officers. 

Removal  of  officers — disapproval. 

Ordinances — approval — veto. 

Sign  commissions,  contracts,  etc. 

Power  to  examine  records. 

May  release  prisoners. 

May  dismiss  any  suit  pending  in  any  Justice  Court  in 
which  the  city  is  plaintiff. 

Additional  duties. 

Mayor  pro  tem. 

Salary. 


Section  1.  The  mayor — his  qualifications.  The  mayor 
shall  be  the  chief  executive  of  the  city  of  Marseilles;  he  shall  be 
a  citizen  of  the  United  States,  a  qualified  elector,  reside  within 
the  city  limits,  and  shall  hold  his  office  for  two  years  and  until 
his  successor  is  elected  and  qualified. 

Sec.  2.  Taking  oath  and  giving  bond.  The  mayor, 

before  entering  upon  the  duties  of  his  office,  shall  take  and  sub¬ 
scribe  the  following  oath  or  affirmation : 

21 


22 


Mayor. 


I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution 
of  the  United  States  and  the  constitution  of  the  State  of  Illinois,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  Mayor  of  the  City  of 
Marseilles,  Illinois,  according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so#  subscribed,  shall  be  filed  in 
the  office  of  the  clerk;  and  shall  execute  a  bond  to  said  city  in 
the  penal  sum  of  three  thousand  dollars,  with  such  sureties  as 
the  city  council  shall  approve,  conditioned  for  the  faithful  per¬ 
formance  of  the  duties  of  the  office. 

Sec.  3.  Enforce  ordinances — Preside  at  meetings,  etc. 

The  mayor  shall  devote  so  much  time  to  the  duties  of  his  office 
as  a  faithful  and  efficient  discharge  thereof  may  require ;  he 
shall  see  that  all  ordinances  of  the  city  are  duly  enforced ;  he 
shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a  tie,  when  he  shall  cast  the  deciding 
vote;  he  shall  preserve  order  and  decorum  at  all  meetings  of  the 
council,  and  shall  generally  do  and  perform  all  acts  and  things 
which  are  enjoined  upon  him  by  the  laws  of  the  State  of  Illinois 
and  the  ordinances  of  the  city  of  Marseilles. 

Sec.  4.  Vacancy.  Whenever  a  vacancy  shall  occur  in 
the  office  of  mayor  on  account  of  death,  resignation,  removal 
from  the  city,  or  other  cause,  if  the  unexpired  term  be  one  year 
or  over,  it  shall  be  filled  by  election,  and  the  clerk  shall  give 
notice  of  such  election  as  required  by  law  and  ordinance  govern¬ 
ing  special  elections;  if  such  unexpired  term  is  less  than  one 
year,  the  city  council  shall  elect  one  of  its  members  to  act  as 
mayor,  who  shall  thereupon  possess  all  the  powers  and  duties  of 
the  mayor  until  the  next  annual  election  and  until  his  successor 
is  elected  and  qualified. 

Sec.  5.  Appointment  of  officers.  The  mayor  shall  ap¬ 
point  by  and  with  the  advice  and  consent  of  the  city  council, 
all  officers  of  said  city  whose  appointment  or  election  are  not 
otherwise  provided  for  by  law;  and  whenever  a  vacancy  shall 
occur  in  any  office,  which  by  law  or  ordinance  he  is  empowered 
or  required  to  fill,  he  shall,  at  the  next  regular  meeting  of  the 
city  council,  occurring  not  less  than  five  days  after  such  vacan¬ 
cy,  communicate  to  the  city  council  the  name  of  his  appointee 
to  such  office,  and  pending  the  concurrence  of  the  council  in  such 


Mayor. 


23 


appointment,  he  may  designate  some  suitable  person  to  dis¬ 
charge  the  functions  of  such  office. 

Sec.  6.  Supervise  conduct  of  officers.  The  mayor 
shall  supervise  the  conduct  of  all  officers  of  the  city  and  see  that 
they  faithfully  and  efficiently  discharge  the  duties  of  their  re¬ 
spective  offices;  he  shall  inquire  into  all  reasonable  complaints 
made  against  them,  and  cause  all  their  neglects  or  violations  of 
duty  to  be  promptly  corrected;  and  he  shall,  in  case  he  becomes 
satisfied  that  an  officer  wilfully  neglects  or  violates  his  duty, 
cause  such  officer  to  be  prosecuted  and  punished;  and  he  shall, 
from  time  to  time,  give  the  council  such  information  relative  to 
the  affairs  of  the  city  as  he  may  deem  proper,  and  recommend 
for  their  consideration  any  measures  he  may  deem  expedient, 
tending  to  the  well-being,  security  or  improvement  of  the  city. 

Sec.  7.  Removal  of  officers  —  disapproval.  The  may 

or  shall  have  the  power  to  remove  any  officer  appointed  by  him 
on  any  formal  charge  whenever  he  shall  be  of  the  opinion  that 
the  interest  of  the  city  demand  such  removal ;  but  he  shall  re¬ 
port  the  reasons  for  such  removal  to  the  city  council  at  a  meet¬ 
ing  to  be  held  not  less  than  five  days  nor  more  than  ten  days 
after  such  removal,  or  if  the  city  council  by  a  two-thirds  vote  of 
all  its  members  authorized  by  law  to  be  elected,  by  ayes  and 
nays  to  be  entered  upon  its  records,  disapprove  of  such  re¬ 
moval,  such  officer  shall  thereupon  become  restored  to  his 
office  from  which  he  was  so  removed ;  but  he  shall  give  new 
bonds  and  shall  take  a  new  oath  of  office.  No  officer  shall  be 
removed  a  second  time  for  the  same  offense. 

Sec.  8.  Ordinances — approval,  veto.  The  mayor  shall 
carefully  inspect  all  ordinances  passed  by  the  council  and  affix 
his  official  signature  to  such  as  he  may  approve,  and  return  them 
to  the  city  clerk  within  ten  days  after  their  passage;  and  all  or¬ 
dinances  passed  as  aforesaid  which  do  not  meet  his  approval,  he 
shall  return  to  the  city  council  with  his  objections  thereto  in 
writing  at  the  next  regular  meeting  of  the  council,  occurring  not 
less  than  five  days  after  the  passage  thereof.  Such  veto  may 
extend  to  any  one  or  more  items  or  appropriations  contained  in 
any  ordinance  or  to  the  entire  ordinance ;  and  in  case  the  veto 
extends  only  to  a  part  of  such  ordinance  the  residue  thereof 
shall  take  effect  and  be  in  force;  but  in  case  the  mayor  shall 


24 


Mayor. 


fail  to  return  any  ordinance  with  his  objections  thereto  by  the 
time  aforesaid,  he  shall  be  deemed  to  have  approved  of  such  or¬ 
dinance  and  the  same  shall  take  effect  accordingly. 

Sec.  9.  Sign  commissions,  contracts,  etc.  The  mayor 
shall  sign  all  commissions,  licenses,  permits  and  warrants 
granted,  issued  or  drawn  by  the  order  of  the  city  council,  or  au¬ 
thorized  by  the  ordinances  of  said  city;  in  all  contracts  where 
the  city  is  a  party,  lie  shall  sign  the  same  on  behalf  of  the  city, 
and  it  shall  be  his  special  duty  to  see  that  the  other  contracting 
party  faithfully  complies  with  the  contract,  and  in  all  suits 
where  the  city  is  a  party,  it  shall  be  the  duty  of  the  mayor  to 
advise  with  and  assist  the  law  officers  of  the  city  in  prosecuting 
or  defending  the  same,  as  the  case  may  be. 

Sec.  10.  Power  to  examine  records.  The  mayor  shall  at 
all  times  have  the  power  to  examine  and  inspect  the  books,  rec¬ 
ords  and  papers  of  any  agent,  employe  or  officer  of  the  city. 

Sec.  11.  May  release  prisoners.  The  mayor  may  release 
any  person  imprisoned  for  violation  of  any  city  ordinance  and 
shall  report  such  release  with  the  cause  thereof  to  the  council 
at  its  first  session  thereafter. 

Sec.  12.  May  dismiss  suit  pending  in  Justice  Court  in 
which  city  is  plaintiff.  The  mayor  shall  have  the  power  to  in¬ 
struct  the  city  attorney  or  the  corporation  council  of  the  city  to 
dismiss  any  suit  or  proceeding  pending  or  in  the  course  of  trial 
in  any  justice  or  police  court,  where  the  city  is  plaintiff. 

Sec.  13.  Additional  duties.  In  addition  to  the  above 
duties  the  mayor  shall  perform  all  such  other  and  further  duties 
pertaining  to  his  office  as  are  or  may  be  required  of  him  by 
the  laws  of  the  State  of  Illinois  or  the  ordinances  of  the  City  of 
Marseilles. 

Sec.  14.  Mayor  pro  tern.  During  the  temporary  absence 
or  disability  of  the  mayor,  the  city  council  shall  elect  one  of  its 
members  to  act  as  mayor  pro  tern,  who  during  such  absence  or 
disability  shall  possess  the  powers  and  shall  discharge  the  duties 
of  mayor. 

Sec.  15.  Salary.  The  mayor  shall  receive  as  salary  three 
dollars  per  meeting,  to  be  paid  in  quarterly  installments  in  lieu 


City  Clerk. 


25 


of  all  other  compensation,  perquisite  or  benefit  in  any  form 
whatever. 


CHAPTER  II. 

CITY  CLERK. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 


City  clerk — his  qualifications. 

Oath  and  bond. 

Office — office  hours. 

Ex-officio  city  collector — duties. 

Collector’s  annual  report. 

Collector  not  to  detain  money — penalty. 

Keeping  minutes — serving  notices. 

Corporate  seal  and  certified  copies  of  papers. 
Record  ordinances. 

Publish  ordinances. 

Deliver  papers  to  committees  and  officers. 

Prepare  official  papers. 

Appoint  deputy. 

Notice  of  election  or  appointment  of  officers. 
General  supervision — charge  of  papers. 

Report  estimates — aggregate  income  and  liabilities. 
Record  of  bonds. 

Record  of  licenses. 

Account  of  city  revenues. 

Annual  report. 

May  require  claimant  to  make  oath. 

List  of  warrants — how  signed. 

Record  of  elections  and  appointments. 

Keep  records — turn  same  over  to  successor. 

Other  duties. 

Salary. 


Section  1.  City  clerk— his  qualifications.  The  city  clerk 
shall  be  a  citizen  of  the  United  States,  a  qualified  elector,  reside 
within  the  city  limits,  and  shall  hold  his  office  for  two  years  and 
until  his  successor  is  elected  and  qualified. 


Sec.  2.  Oath  and  bond.  The  city  clerk,  before  entering 
upon  the  duties  of  his  office,  shall  take  the  oath  as  nearly  as  may 
be  in  the  form  prescribed  herein  for  the  mayor,  and  shall  exe¬ 
cute  a  bond  to  the  city  of  Marseilles  in  the  penal  sum  of  six 
thousand  dollars,  with  sureties  as  may  be  approved  by  the  city 
council,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office  as  city  clerk  and  city  collector  and  the  payment  of 


26 


City  Clerk. 


all  moneys  that  may  be  received  by  him  according  to  law  and 
the  ordinances  of  the  city;  which  bond  shall  be  filed  with  the 
city  treasurer. 

Sec.  3.  Office — office  hours.  The  city  clerk  shall  keep 
his  office  at  the  city  hall,  where  all  public  business  relating  to 
the  city  shall  be  transacted. 

Sec.  4.  Ex-officio  city  collector — duties.  The  city  clerk 
shall  be  ex-officio  city  collector  and  shall  perform  all  duties  of 
the  city  collector  as  fixed  by  law  or  the  ordinances  of  the  city 
in  addition  to  his  duties  as  city  clerk. 

As  city  collector  he  shall  preserve  all  warrants  which  are 
returned  into  his  hands,  and  shall  keep  separate  books  and  ac¬ 
counts  showing  accurately  all  money  received  by  him,  when, 
from  whom,  and  on  what  account  received,  and  when  turned 
over  to  the  city  treasurer.  Such  warrants,  books  and  all  papers 
pertaining  to  his  office  shall,  at  all  times,  be  open  to  the  inspec¬ 
tion  of  and  subject  to  the  examination  of  the  mayor,  or  any 
member  of  the  city  council.  He  shall  weekly  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  from  any  source 
whatever,  taking  and  filing  such  treasurer’s  receipt  therefor. 

Sec.  5.  Collector’s  annual  report.  As  such  city  collector 
he  shall  annually,  between  the  fifteenth  and  twenty-fifth  of 
May,  submit  to  the  council  a  statement  of  all  moneys  collected 
by  him  during  the  year,  the  particular  warrant,  special  assess¬ 
ment  or  account  on  which  collected,  the  balance  of  moneys  un¬ 
collected  on  all  warrants  in  his  hands  and  the  amounts  turned 
over  by  him  each  week  to  the  city  treasurer.  The  city  clerk 
shall  publish  the  same,  as  hereinafter  required  to  be  done  in  re¬ 
gard  to  the  annual  report  of  the  city  treasurer. 

Sec.  6.  Collector  not  to  detain  money— penalty.  The 

city  collector  is  hereby  expressly  prohibited  from  keeping  any 
moneys  of  the  city  in  his  hands,  or  in  the  hands  of  any  person 
or  corporation  to  his  use,  beyond  the  time  of  one  week,  and  any 
violation  of  this  provision  will  subject  him  to  immediate  re¬ 
moval  from  office. 

Sec.  7.  Keeping  minutes — serving  notices.  The  city  clerk 
shall  attend  all  meetings  of  the  city  council  and  shall  keep  in  a 
suitable  book,  to  be  styled  the  “RECORD  OF  THE  CITY 


City  Clerk. 


27 


COUNCIL,"  a  full  and  faithful  record  of  its  proceedings.  Me 
shall  issue  and  cause  to  be  served  upon  the  mayor  and  all  aider- 
men  notices  of  all  special  meetings  of  the  city  council. 

Sec.  8.  Corporate  seal  and  certified  copies  of  papers. 

The  clerk  shall  keep  the  corporate  seal,  to  be  provided  under  the 
direction  of  the  city  council,  and  all  papers  belonging  to  the  city ; 
and  copies  of  all  papers  duly  filed  in  his  office,  and  transcripts 
from  the  records  and  files  of  his  office,  certified  by  him  under 
the  corporate  seal,  shall  be  evidence  in  all  courts  in  like  manner 
as  if  the  originals  were  produced. 

Sec.  9.  Record  ordinances.  The  clerk  shall  record  and 
properly  index  in  a  book  kept  for  that  purpose,  all  the  ordi¬ 
nances  passed  by  the  city  council,  and  at  the  foot  of  the  record 
of  each  ordinance  so  recorded,  he  shall  make  a  memorandum  of 
the  date  of  the  passage  and  of  the  publication  of  such  ordinance, 
which  record  and  memorandum,  or  a  certified  copy  thereof,  shall 
be  the  prime  facie  evidence  of  the  passage  and  legal  publication 
of  such  ordinances. 

Sec.  10.  Publish  ordinances.  The  clerk  shall  cause  all 
ordinances  passed  by  the  city  council,  imposing  any  fine, 
penalty,  imprisonment  or  forfeiture  or  making  any  appropria¬ 
tion,  to  be  published  once,  and  that  'within  thirty  days  after 
their  passage,  in  such  public  newspapers  printed  in  such  city,  as 
the  city  council  shall  designate,  and  shall  file  and  preserve  in 
his  office  one  or  more  copies  of  every  ordinance  so  published. 

Sec,  11.  Deliver  papers  to  committees  and  officers. 

The  city  clerk  shall,  without  delay,  upon  the  adjournment  of 
each  meeting  of  the  city  council,  notify  the  chairman  of  each 
committee  of  all  matters  referred  to  this  committee  at  such 
meeting,  and  shall  upon  demand,  deliver  to  each  chairman  and 
the  officers  of  the  city,  all  petitions,  communications,  reports, 
resolutions,  orders,  claims  and  other  papers  referred  to  his  com¬ 
mittee  or  such  officers  by  the  council.  He  shall  also,  without 
delay,  deliver  to  the  mayor  all  ordinances  or  resolutions  in  his 
charge,  which  require  to  be  approved  or  otherwise  acted  upon 
by  the  mayor. 

Sec.  12.  Prepare  official  papers.  The  city  clerk  shall 
prepare  all  commissions,  licenses,  permits  and  other  official  doc- 


28 


City  Clerk. 


uments  required  to  be  issued  by  him  under  the  laws  or  ordi¬ 
nances  of  the  city,  and  shall  attest  the  same  with  the  corporate 
seal ;  and  he  shall  in  like  manner  attest  all  deeds  for  the  sale  of 
real  estate  owned  and  conveyed  bv  the  city. 

Sec.  13.  Appoint  deputy.  The  city  clerk  may,  when 
necessary,  at  his  own  expense,  upon  the  approval  of  the  mayor, 
appoint  a  deputy,  who,  during  the  temporary  absence  or  dis¬ 
ability  of  the  city  clerk,  shall  be  empowered  to  perform  all  the 
duties  of  the  clerk;  and  the  city  clerk  shall  be  held  responsible 
for  the  fidelity  of  such  deputy. 

Sec.  14.  Notice  of  election  or  appointment  of  officers. 

It  shall  be  the  duty  of  the  clerk,  within  five  days  after  the  result 
of  the  election  is  declared  or  the  appointment  is  made,  to  notify 
all  persons  elected  or  appointed  to  office  of  their  election  or  ap¬ 
pointment,  and  unless  such  person  shall  respectively  qualify  in 
ten  days  of  such  notice,  the  office  shall  become  vacant  and  the 
city  clerk  shall  so  report  to  the  city  council. 

Sec.  15.  General  supervision— charge  of  papers.  The 

city  clerk  shall  exercise  a  general  supervision  over  all  city 
officers  charged  in  any  manner  with  the  receipt,  collection  or 
disbursement  of  corporation  revenues,  and  the  collection  and 
return  of  all  such  revenues  into  the  city  treasury.  He  shall 
have  the  charge,  custody  and  control  of  all  deeds,  leases,  war¬ 
rants,  contracts,  bonds,  obligations,  vouchers,  books  and  papers 
of  every  kind,  the  custody  of  which  is  not  herein  given  to  any 
other  officer. 

Sec.  16.  Report  estimates — aggregate  income  and  liabili¬ 
ties.  The  city  clerk  shall,  on  or  before  the  fifteenth  day  of 
May,  before  the  annual  appropriations  are  made,  submit  to  the 
finance  committee  or  the  city  council,  a  report  of  the  estimates 
as  nearly  as  may  be  of  moneys  necessary  to  defray  the  expenses 
of  the  corporation  during  the  current  fiscal  year,  and  for  the 
purpose  of  making  such  report,  and  he  is  to  request  of  all  offi¬ 
cers  their  statements  as  to  the  condition  and  expenses  of  their 
respective  offices  and  apartments  with  any  proposed  improve¬ 
ments,  and  the  probable  expense  thereof,  all  contracts  made 
and  unfinished  and  the  amount  of  any  and  all  unexpended  ap¬ 
propriations  of  the  preceding  year.  He  shall,  in  such  report, 
show  the  aggregate  income  from  all  sources  during  the  preced- 


City  Clerk. 


29 


ing  fiscal  year,  the  amount  of  liabilities  outstanding  upon  which 
interest  is  to  be  paid,  the  bonds  and  debts  to  be  paid  during  the 
current  year;  and  in  such  report  he  .shall  give  such  other  infor¬ 
mation  to  the  said  finance  committee  as  he  may  deem  necessary, 
to  the  end  that  the  said  committee  may  fully  understand  the 
money  exigencies  and  demands  upon  the  corporation  for  the 
current  year. 

Sec.  17.  Record  of  bonds.  The  city  clerk  shall  keep  in 
his  office  in  a  book  or  books  kept  expressly  for  that  purpose,  a 
complete  list  of  all  the  outstanding  bonds  of  the  city,  showing 
the  number  and  amount  of  each,  for  what  and  to  whom  such 
bonds  were  issued;  and  when  any  city  bonds  are  purchased, 
paid  or  cancelled,  said  book  or  books  shall  show  the  fact;  and 
in  his  annual  report  he  shall  particularly  describe  the  bonds  sold 
during  the  year  and  the  terms  of  sale. 

Sec.  18.  Record  of  licenses.  The  city  clerk  shall  keep  in 
his  office  a  book  or  books  kept  expressly  for  that  purpose  a  com¬ 
plete  list  of  all  licenses  and  permits  issued  by  the  city,  with  the 
names  of  the  licensees,  the  purpose  for  which  each  license  or 
permit  was  issued  and  the  date  of  its  issue  and  its  expiration, 
and  where  a  bond  is  required,  the  amount  of  the  bond  and  the 
names  of  the  sureties  thereon. 

Sec.  19.  Account  of  city  revenues.  The  city  clerk  shall 
keep  in  a  neat  and  methodical  manner,  a  complete  set  of  books 
in  which  shall  be  kept  a  detailed  account  of  the  city  revenues, 
and  of  each  separate  fund,  crediting  the  same  with  all  receipts 
or  appropriations,  and  charging  it  with  all  warrants  drawn 
thereon,  and  he  shall  charge  each  warrant  to  the  fund  or  appro¬ 
priation  against  which  it  was  drawn.  He  shall  also  keep  an  ac¬ 
curate  account  of  all  debts  due  from  or  owing  to  the  city,  and 
shall  keep  a  correct  list  of  all  notes  or  other  obligations  given  by 
or  payable  to  said  city,  with  the  date  thereof,  the  person  to 
whom  or  by  whom  payable,  the  rate  of  interest,  the  time  and 
manner  in  which  the  principal  and  interest  are  payable,  and  such 
other  particulars  as  may  be  necessary  to  the  full  understanding 
thereof.  Said  books  and  all  other  contracts,  bonds,  deeds, 
warrants,  vouchers,  receipts  and  other  papers  kept  in  said  office 
shall  be  subject  to  the  examination  of  the  mayor  or  any  member 
of  the  city  council. 


30 


City  Clerk. 


Sec.  20.  Monthly  report.  It  shall  be  the  duty  of  the 
city  clerk  to  make  a  report  to  the  city  council  at  the  first  regu¬ 
lar  meeting  in  each  month  of  the  exact  condition  of  each  fund 
or  appropriation,  setting  forth  the  amount  of  each  fund  or  ap¬ 
propriation,  the  total  amount  which  has  been  used  or  expended 
thereof,  and  the  balance,  if  any,  which  is  subject  to  be  drawn 
upon,  and  whenever  any  fund  or  appropriation  is  exhausted,  the 
city  clerk  shall,  without  delay,  notify  the  city  council  thereof, 
and  he  shall  not  thereafter  draw  any  warrant  against  such  fund 
or  appropriation  until  the  same  shall  be  renewed. 

Sec.  21.  May  require  claimant  to  make  oath.  For  the 

purpose  of  ascertaining  the  exact  amount  and  nature  of  any 
claim  presented  against  the  city,  the  city  clerk  shall  be  autho¬ 
rized  to  require  any  claimant  or  claimants  to  file  with  him  a 
statement  in  writing  under  oath  as  to  any  fact,  matter  or  thing 
concerning  the  correctness  of  such  claim. 

Sec.  22.  List  of  warrants — how  signed.  The  city^  clerk 
shall  keep  in  a  suitable  book,  an  accurate  account  of  all  war¬ 
rants  drawn  upon  the  city  treasurer,  showing  the  date,  number 
and  amount  of  each,  and  the  name  of  the  person  in  whose  favor 
drawn;  and  he  shall  take  the  receipt  of  every  person  for  the 
warrant  upon  the  delivery  thereof. 

All  warrants  drawn  upon  the  city  treasurer  shall  be  signed 
by  the  mayor  and  countersigned  by  the  city  clerk,  and  shall 
specify  therein  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable;  and  no 
money  shall  be  otherwise  paid  than  upon  such  warrants  so 
drawn.  The  city  clerk  shall  preserve  all  warrants  returned  to 
him. 

Sec.  23.  Record  of  elections  and  appointments.  The 

city  clerk  shall  keep  a  record  of  the  election  or  appointment  and 
confirmation  of  all  officers  of  the  city,  and  said  record  shall  be 
so  ruled  and  headed  that  the  same  shall  exhibit  the  name  of  the 
officer,  to  what  office  elected  or  appointed,  the  date  of  the  elec¬ 
tion  or  appointment,  and  the  date  of  deaths,  resignations,  re¬ 
moval  or  expiration  of  term  of  office. 

Sec.  24.  Keep  records — turn  same  over  to  successor. 

The  city  clerk  shall  carefully  preserve  in  his  office  all  books, 


City  Treasurer 


31 


records,  maps  and  effects  of  every  description  belonging  to  the 
city,  or  appertaining  to  said  office,  and  not  in  actual  use  and 
possession  of  other  city  officers,  and  upon  the  expiration  in  any 
way  of  his  official  term  he  shall,  on  demand,  deliver  all  such 
books,  records,  papers,  maps  and  effects  to  his  successor  in 
office. 

Sec.  25.  Other  duties.  In  addition  to  the  foregoing 
duties,  the  city  clerk  shall  perform  all  such  other  and  further 
duties  pertaining  to  his  office,  as  are  or  may  be  imposed  upon 
him  by  law  or  resolution  of  the  council. 

Sec.  26.  Salary.  The  city  clerk  shall  receive  an  annual 
salary  of  one  hundred  and  fifty  dollars,  to  be  paid  in  quarterly 
installments,  in  full  for  his  services  as  city  clerk  and  city  col¬ 
lector,  in  lieu  of  all  other  compensation,  perquisite  or  benefit  in 
any  form  whatsoever. 


CHAPTER  III. 


CITY  TREASURER. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 


Treasurer — his  qualifications. 

Oath  and  bond. 

Receive  money — keep  accounts — give  receipts. 
Warrants. 

Keep  special  assessment  funds  separate. 

Shall  not  use  city  funds. 

Report  delinquent  officers. 

Method  of  keeping  books — open  to  inspection. 
Monthly  statements — register  of  warrants. 
Annual  statement. 

Salary. 


Section  1.  Treasurer — his  qualifications.  The  city  treas¬ 
urer  shall  be  a  citizen  of  the  United  States,  a  qualified  elector, 
reside  within  the  city  limits,  and  shall  hold  his  office  for  two 


32 


City  Treasurer. 


years  and  until  his  successor  is  elected  and  qualified  ;  provided, 
that  no  person  shall  be  elected  to  the  office  of  city  treasurer  for 
two  terms  in  succession. 

Sec.  2.  Oath  and  bond.  The  city  treasurer  before  enter¬ 
ing  upon  the  duties  of  his  office,  shall  take  the  oath  as  nearly  as 
may  be  in  form  prescribed  herein  for  the  mayor,  and  shall  exe¬ 
cute  a  bond  to  the  city  of  Marseilles  in  the  penal  sum  of  ten 

thousand  dollars,  with  such  sureties  as  will  be  approved  by  the 

/ 

city  council,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  and  the  payment  of  all  moneys  received  by 
him  according  to  law  and  the  city  ordinances. 

Sec.  3.  Receive  money — keep  accounts — give  receipts. 

The  city  treasurer  shall  receive  all  moneys  belonging  to  the  city 
and  shall  keep  a  separate  account  of  each  fund  or  appropriation 
and  debts  and  credits  belonging  thereto.  He  shall  give  to  every 
person  paying  money  into  the  city  treasury  a  receipt  therefor, 
specifying  the  date  of  payment  and  upon  what  account  paid; 
and  he  shall  file  copies  of  such  receipts  at  the  date  of  his 
monthly  report. 

Sec.  4.  Warrants.  All  warrants  drawn  upon  the  city 
treasurer  must  be  signed  by  the  mayor  and  be  countersigned  by 
the  city  clerk,  stating  the  particular  fund  or  appropriation  to 
which  the  same  is  chargeable  and  to  whom  the  same  is  payable; 
and  no  money  shall  be  otherwise  paid  than  upon  such  warrants 
so  drawn,  except  as  provided  by  law. 

Sec.  5.  Keep  special  assessment  funds  separate.  All 

moneys  received  by  the  city  treasurer  on  any  special  assessment 
or  special  tax  shall  be  held  by  him  as  a  special  fund,  to  be 
applied  to  the  payment  of  the  improvement  for  which 
such  special  assessment  or  special  tax  was  made,  and  said  money 
shall  be  used  for  no  other  purpose  whatever,  except  to  reim¬ 
burse  the  city  for  money  expended  for  such  improvement. 

Sec.  6.  Shall  not  use  city  funds.  The  city  treasurer  shall 
keep  all  moneys  in  his  hands  belonging  to  the  city  separate  and 
distinct  from  his  own  moneys,  and  he  is  hereby  expressly  pro¬ 
hibited  from  using  either  directly  or  indirectly  the  city  moneys 
or  warrants  in  his  custody  or  keeping  for  his  own  use  and  bene¬ 
fits  or  that  of  any  other  person  or  persons  whomsoever;  and  any 


City  Treasurer. 


33 


violation  of  this  provision  shall  subject  him  to  immediate  re¬ 
moval  from  office  by  the  city  council;  in  which  case  his  succes¬ 
sor  shah  be  appointed,  who  shall  hold  his  office  for  the  re¬ 
mainder  of  the  term  unexpired  of  such  officer  so  removed. 

Sec.  7.  Report  delinquent  officers.  It  shall  be  the  duty 
of  the  city  treasurer  to  report  to  the  city  clerk  any  officer  au¬ 
thorized  to  receive  money  for  the  use  of  the  city  who  may  fail 
to  make  a  return  of  the  moneys  received  by  him  at  the  time  re¬ 
quired  by  law  or  by  the  ordinances  of  the  city. 

Sec.  8.  Method  of  keeping  books — open  to  inspection. 

The  city  treasurer  shall  keep  his  books  and  accounts  in  such 
manner  as  to  accurately  show  all  moneys  received  and  disbursed 
by  him  for  the  city,  from  whom  anti  on  what  account  received 
and  to  whom  and  on  what  account  paid  out,  and  in  such  way 
that  such  books  and  accounts  shall  exhibit  at  all  times  the  true 
financial  condition  of  the  city,  and  in  such  manner  as  may  be 
readily  investigated  and  understood;  and  the  same  together 
with  files  and  papers  of  his  office,  shall  at  all  times  be  open  to 
examination  by  the  mayor,  city  clerk  or  any  member  of  the  city 
council. 

Sec.  9.  Monthly  statements — register  of  warrants.  The 

city  treasurer  shall,  at  the  first  regular  meeting  in  each  month, 
render  an  account,  under  oath,  showing  the  state  of  the  treasury 
at  the  date  of  such  account,  the  condition  of  each  fund  and  the 
balance  of  money  in  the  treasury.  He  shall  also  accompany 
such  accounts  with  a  statement  of  all  moneys  received  into  the 
treasury,  and  on  what  account,  together  with  all  warrants  re¬ 
deemed  and  paid  by  him ;  which  said  warrants,  with  any  and 
all  vouchers  held  by  him,  shall  be  delivered  to  the  clerk  and 
filed  with  his  said  account  in  the  clerk’s  office  upon  the  day  of 
such  settlement.  He  shall  return  all  warrants  paid  by  him 
stamped  or  marked  “paid.”  He  shall  keep  a  register  of  all 
warrants  redeemed  and  paid,  which  shall  describe  such  warrants 
and  show  the  date,  amount,  number,  the  fund  from  which  paid, 
and  the  name  of  the  person  to  whom  and  when  paid. 

Sec.  10.  Annual  statement.  The  city  treasurer  shall  an¬ 
nually,  between  the  fifteenth  and  twenty-fifth  of  May,  make  and 
file  with  the  city  clerk,  a  full  and  detailed  account  of  all  receipts 


34 


City  Treasurer. 


and  expenditures  of  the  city,  and  of  all  such  transactions  as  such 
treasurer  during  the  preceding  fiscal  year,  which  statement  shall 
exhibit  under  separate  and  appropriate  headings,  the  state  of 
each  of  the  several  funds  and  the  balance  in  the  treasury  at  the 
close  of  the  fiscal  year;  which  account  the  clerk  shall  immedi- 
ately  cause  to  be  published  in  a  newspaper  printed  in  said  city. 

Sec.  11.  Salary.  The  city  treasurer  shall  receive  an  an¬ 
nual  salary  of  one  hundred  dollars,  to  be  paid  in  quarterly  in¬ 
stallments,  in  lieu  of  all  other  compensation,  perquisite  or  bene¬ 
fit  in  any  other  form  whatsoever. 


4 


City  Attorney 


35 


CHAPTER  IV. 


Section  1. 

2. 

3. 

4. 

5. 
fi. 

7. 

8. 
9. 

10. 

11. 

12. 


CITY  ATTORNEY. 

/ 

City  attorney — his  qualifications. 

Oath  and  bond. 

To  prosecute  for  violations  of  ordinances. 
Power  to  dismiss  suits. 

Appeal. 

To  collect  judgments. 

To  turn  over  money. 

Annual  report. 

Shall  turn  over  to  successor. 

Employment  of  deputy. 

Salary. 

Repeal. 


Section  1.  City  attorney — his  qualifications.  The  city 
attorney  shall  be  a  citizen  of  the  United  States  and  qualified 
elector  and  residing  within  the  city  of  Marseilles,  and  shall  hold 
his  office  for  two  years  and  until  his  successor  is  elected  and 
qualified. 


Sec.  2.  Oath  and  bond.  The  city  attorney  before  enter¬ 
ing  upon  the  duties  of  his  office  shall  take  the  oath  as  nearly  as 
may  be  in  the  form  prescribed  for  the  mayor,  and  shall  execute 
a  bond  to  the  city  of  Marseilles  in  the  penal  sum  of  five  hundred 
dollars  with  such  sureties  as  the  council  shall  approve  for  the 
faithful  performance  of  his  duties. 

Sec.  3.  To  prosecute  for  violations  of  ordinances.  The 

city  attorney  is  hereby  charged  with  the  prosecution  of  all 
actions  for  the  violations  of  the  ordinances  of  the  city,  and  with 
the  conduct  of  all  proceedings  in  justice  courts;  he  shall  insti¬ 
tute  and  prosecute  an  action  in  every  case  where  there  has  been 
a  violation  of  the  city  ordinances  when  instructed  so  to  do  by 
the  mayor,  city  council  or  any  committee  thereof,  the  chief 
officer  of  any  department  of  the  city  government,  or  upon  com- 


36 


City  Attorney. 


plaint  of  any  other  person  when,  in  his  judgment,  the  public 
interests  shall  require  the  same  to  be  prosecuted. 

Sec.  4.  Power  to  dismiss  suits.  The  city  attorney  shall 
not  be  required  to  prosecute  any  suit  or  action  arising  under 
the  ordinances  of  the  city  when  upon  investigation  of  the  same 
he  shall  become  satisfied  that  the  complaint  was  instituted 
maliciously  or  vexatiously  and  without  probable  cause,  and  he 
shall  be  authorized  to  discontinue  said  suit  or  proceedings  upon 
such  terms  as  may  be  just  and  equitable. 

Sec.  5.  Appeals.  An  appeal  may  be  taken  by  the  city 
attorney  from  the  judgment  of  any  police  magistrate  or  justice 
of  the  peace  to  the  county  or  circuit  court  of  La  Salle  county  in 
any  case  when,  in  his  opinion,  the  public  interests  shall  require 
it,  and  he  shall  take  such  appeal  when  so  directed  by  the  mayor, 
or  city  council,  but  he  shall  not  be  required  to  take  charge  of  or 
try  such  case  when  so  appealed,  but  shall  notify  the  corporation 
counsel  of  such  appeal  being  taken,  and  shall  furnish  said  cor¬ 
poration  counsel  with  a  list  of  witnesses  in  the  case. 

Sec.  6.  To  collect  judgments.  The  city  attorney  shall 
cause  executions  to  be  issued  upon  all  judgments  recovered  in 
favor  of  the  city  before  police  magistrates  and  justices  of  the 
peace  and  see  to  their  prompt  collection. 

Sec.  7.  To  turn  over  money.  The  city  attorney  shall 
turn  over  all  moneys  of  the  city  which  may  come  into  his  hands 
to  the  city  treasurer  within  one  week  after  the  receipt  thereof, 
and  shall  take  and  file  said  treasurer’s  receipt  therefor. 

Sec.  8.  Annual  report.  The  city  attorney  shall  annu¬ 
ally,  on  or  before  the  first  Monday  in  April  in  each  year,  report 
in  writing  to  the  city  council  a  list  of  all  cases  disposed  of  by 
him  during  the  year,  with  the  disposition  made  of  such  cases. 
He  shall  also  report  a  list  of  all  cases  undisposed  of  with  their 
then  status.  If  any  cases  disposed  of  by  him  are  pending  in  a 
higher  court  he  shall  so  designate  in  his  report. 

Sec.  9.  Shall  turn  over  to  successor.  Upon  the  expira¬ 
tion  of  his  term  of  office,  or  resignation  or  removal  therefrom, 


City  Attorney. 


37 


the  city  attorney  shall  forthwith  turn  over  to  his  successor  in 
office  all  deeds,  leases,  papers  or  books  in  his  hands  belonging 
to  the  city,  together  with  a  statement  in  writing  showing  what 
action,  if  any,  has  been  taken,  in  any  action  or  actions  pending 
which  under  the  provisions  of  this  ordinance  he  is  required  to 
prosecute  or  defend  wherein  the  city  is  or  may  be  a  party,  and 
giving  such  information  as  he  mav  possess  with  respect  to  evi¬ 
dence  or  witnesses  in  such  action  or  actions. 

Sec.  10.  Employment  of  deputy.  The  city  attorney 
shall,  in  case  of  absence  or  in  case  of  his  being  unable  to  attend 
to  the  duties  of  his  office,  at  his  own  expense,  appoint  some 
competent  attorney  to  act  in  his  place,  and  in  such  case  the  city 
attorney  shall  be  responsible  for  the  official  conduct  of  such  at¬ 
torney  so  appointed  while  he  is  acting  for  the  city. 

S'SC.  11.  Salary.  The  city  attorney  shall  receive  an  an¬ 
nual  salary  of  fifty  dollars  ($50.00),  to  be  paid  in  quarterly, 
installments,  and  in  addition  be  shall  be  repaid  all  expenses 
actually  incurred  by  him  for  car  fare  or  otherwise  when  engaged 
in  the  business  of  the  city,  and  he  shall  receive  no  other  com¬ 
pensation,  perquisite  or  benefit  whatever. 

Sec.  12.  Repeal.  All  ordinances  and  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 


38 


City  Engineer. 


Section  I. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12, 


CHAPTER  V. 

CITY  ENGINEER, 

Office  created. 

Oath — bond. 

Time  devoted  to  duties — submit  plans  and  estimates. 
To  superintend  all  public  work — see  to  execution  of  all 
contracts. 

Inspect  all  material  in  all  public  work — examine  all 
bills  and  certify  to  same. 

Keep  books  of  grades,,  etc. 

Give  grades  upon  request. 

Preserve  all  original  papers — keep  survey  book  of  all 
sewers. 

Issue  permits  for  sewer  connections. 

Annual  report. 

Keep  all  plats. 

Salary. 


Section  1.  Office  created.  There  is  hereby  created  the 
office  of  City  Engineer  of  the-  city  of  Marseilles.  The'  city  engi¬ 
neer  shall  be  a  practical  surveyor  and  civil  engineer,  and  shall 
be  appointed  by  the  mayor,  and  shall  hold  office  for  one  year 
and  until  his  successor  is;  appointed  and  qualified. 

Sec.  2.  Oath — bond.  The  city  engineer  shall  before  enter- 
mg  upon  the  duties  of  his  office,  take  the  oath  of  office  in  the 
same  manner  and  form  and  as  near  as  may  be  as  that  taken  by 
the  mayor.  He  shall  execute  a  bond  to  the  city  of  Marseilles 
in  the  penal  sum  of  one  thousand  dollars,  with  good  and  suffi¬ 
cient  sureties  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  his  office. 

Sec.  3.  Time  devoted  to  duties — submit  plans  snd  esti¬ 
mates.  The  city  engineer  shall  devote  so  much  time  to  the  dis¬ 
charge  of  the  duties  of  his  office  as  a  faithful  performance  there¬ 
of  may  require.  He  shall,  when  requested  by  the  mayor,  the 
city  council  or  any  committee  thereof,  make  out  and  submit 


City  Engineer 


39 


plans,  estimates,  and  specifications  for  public  works  which  may 
be  proposed  or  rendered  by  the  city  council. 

Sec.  4.  To  superintend  all  public  work — see  to  execu¬ 
tion  of  all  contracts.  The  city  engineer  shall  superintend  the 
construction  of  all  street  pavements,  sewers  and  drains,  and 
when  required  by  the  mayor  or  city  council,  shall  superintend 
the  construction  of  any  other  public  works  of  the  corporation, 
and  shall  see  that  all  such  work  is  properly  executed ;  and  if 
the  person  or  contractor  in  charge  of  said  work  shall  fail  to 
execute  same  in  accordance  with  the  contract  or  specifications 
therefor,  the  city  engineer  shall  suspend  the  work  and  report 
the  facts  to  the  mayor  and  chairman  of  the  appropriate  com¬ 
mittee. 

Sec.  5.  Inspect  all  material  in  all  public  work — examine 
all  bills  and  certify  to  same.  The  city  engineer  shall,  when  re¬ 
quired,  inspect  or  measure  any  lumber,  brick  or  stone  or  other 
material  to  be  used  in  any  public  work  of  the  city,  and  if  neces¬ 
sary,  shall  keep  an  accurate  account  of  the  quantity  and  quality 
of  the  same,  the  cost  thereof,  from  whom  received,  and  for  what 
purpose  used  or  to  be  used ;  and  he  shall  examine  all  bills  for 
materials  so  received  and  inspected  by  him,  and  if  found  correct, 
shall  certify  same  to  the  city  council  for  payment. 

Sec.  6.  Keep  books  of  grades,  etc.  It  shall  be  the  duty 
of  the  city  engineer  to  keep,  in  a  suitable  book  to  be  provided 
by  the  city,  all  grades  and  a  record  of  all  bench  marks  estab¬ 
lished  by  the  city  council.  All  entries  in  said  book  shall  be  in 
ink  and  the  same  shall  remain  in  the  office  of  the  city  engineer 
and  be  the  exclusive  property  of  the  city. 

Sec.  7.  Give  grades  upon  request.  It  shall  be  the  duty 
of  the  city  engineer,  without  charge,  to  give  the  grade  of  any 
street  or  alley,  on  request,  to  any  person  desiring  to  erect  any 
building  or  enclosure,  or  to  lay  any  sidewalk,  provided  that  no 
grade  shall  be  given  unless  established  by  ordinance. 

Sec.  8.  Preserve  all  original  papers — keep  survey  book 
of  all  surveys.  The  city  engineer  shall  preserve  the  original 
papers  relating  to  all  surveys,  grades  and  boundaries  established, 


40 


City  Engineer. 


and  shad  otherwise  keep  a  systematic  record  of  all  transactions 
pertaining  to  his  office.  He  shall  prepare  and  maintain  a  book 
in  which  shall  be  recorded  correct  surveys  of  all  public  sewers 
within  the  city,  showing  the  commencement  and  termination  of 
each,  with  its  size,  depth  and  fall,  and  the  location  and  size  of 
all  inlets  and  manholes  connected  therewith. 

Sec.  9.  Issue  permits  for  sewer  connections.  Any  per¬ 
son  wishing  to  connect  or  have  connected  any  private  drain  or 
sewer  with  any  public  sewer,  or  sewer  built  or  owned  by  the 
city,  shall  first  apply  to  and  obtain  from  the  city  engineer  a  cer¬ 
tificate  in  writing  setting  forth  the  exact  location  and  size  of 
the  inlet  where  such  connection  is  to  be  made,  or  setting  forth 
that  no  suitable  inlet  appears  of  record,  and  in  that  case  pre¬ 
scribing  the  place  and  size  of  proposed  connection,  which  cer¬ 
tificate,  together  with  a  sum  as  directed  by  the  engineer,  shall 
be  deposited  in  the  office  of  the  city  clerk,  who  shall  thereupon 
issue  a  permit  to  such  person  to  make  or  have  made  a  connec¬ 
tion  of  the  size  and  materials  and  at  the  place  specified  in  such 
engineer’s  certificate.  Such  connection  shall  be  made  under  the 
personal  supervision  of  the  superintendent  of  streets,  who  shall 
give  to  such  person  a  certificate  setting  forth  that  to  his  per¬ 
sonal  knowledge  such  connection  was  made  in  accordance  with 
the  terms  of  the  permit,  and  upon  the  filing  of  such  last  men¬ 
tioned  certificate  in  the  office  of  the  city  clerk,  the  said  sum  as 
directed  by  the  engineer  shall  be  refunded  to  such  person. 
Whoever  shall  violate  or  shall  fail  to  comply  with  any  of  the  re¬ 
quirements  of  this  section,  shall  be  fined  not  less  than  five  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  10.  Annua!  report.  The  city  engineer  shall  annually 
at  the  first  meeting  of  the  fiscal  year,  submit  to  the  city  council 
a  report  showing  in  detail  the  public  works  or  improvements 
undertaken  or  completed  in  connection  with  his  department 
during  the  preceding  fiscal  year,  and  the  cost  thereof  to  the  city. 

Sec.  11.  Keep  all  plats.  The  city  engineer  shall  carefully 
preserve  in  his  office  all  plats  and  records  of  surveys,  and  all 
books,  maps  and  papers  pertaining  thereto;  and  upon  the  ex¬ 
piration  of  the  term  of  his  office,  or  his  resignation  or  removal 
therefrom,  he  shall  promptly  deliver  to  his  successor  all  books, 


City  Engineer. 


41 


plats,  maps,  records  and  effects  of  every  description,  belonging 
to  the  city  and  pertaining  to  his  office. 

Sec.  12.  Salary.  The  city  engineer  shall  receive  as  salary 
the  sum  of  five  dollars  per  day  for  the  number  of  days  on  duty 
actually  spent  in  the  service  of  the  city,  and  he  shall  receive  no 
other  compensation,  perquisite  or  benefit  whatsoever. 


42 


Superintendent  of  Streets. 


CHAPTER  VI. 

SUPERINTENDENT  OF  STREETS. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 


Office  created — term. 

Oath  and  bond. 

Charge  of  street  improvements. 

Report  to  mayor — orders. 

Clean  streets— examine  sewers. 

Employ  laborers — their  compensation — keep  time. 
Supervise  tapping  of  sewers. 

Purchase  implements  and  materials — mark  implements. 
Keep  list  of  property — turn  over  to  successor. 

List  of  sewers— manholes. 

Account  of  expenditures— examine  accounts. 

Monthly  report. 

Annual  report. 

Salary. 


Section  1.  Office  created — term.  There  is  hereby  cre¬ 
ated  the  office  of  superintendent  of  streets  of  the  city  of  Mar¬ 
seilles,  and  he  shall  be  appointed  by  the  mayor  and  hold  office 
for  one  year  and  until  his  successor  is  appointed  and  qualified. 

Sec.  2.  Oath  and  bond.  The  superintendent  of  streets 
shall,  before  entering  upon  the  duties  of  his  office,  take  the  oath 
as  nearly  as  may  be  in  the  form  herein  provided  for  the  mayor, 
and  shall  execute  a  bond  to  the  city  of  Marseilles  in  the  penal 
sum  of  one  thousand  dollars  with  good  and  sufficient  sureties  to 
be  approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  the  office. 

Sec.  3.  Charge  of  street  improvements.  The  superin¬ 
tendent  of  streets  shall  have  charge  of  the  cleaning,  repairing 
and  improvement  of  all  streets,  avenues,  alleys  and  public 
grounds  (except  the  public  park)  in  the  city,  and  shall  supervise 
the  construction  and  repair  of  all  sidewalks,  and  crossings  there¬ 
in ;  but  no  improvements  or  repairs,  except  as  may  be  actually 
necessary;  shall  be  made  by  him  without  the  previous  order  of 


Superintendent  of  Streets. 


43 


the  city  council.  He  shall  without  delay,  cause  all  breaks  in 
any  street,  avenue,  alley,  crossing,  bridge,  culvert  or  other  un¬ 
safe  place  to  be  repaired,  and  report  the  cost  thereof  to  the  city 
council  for  payment;  but  when  the  probable  cost  of  any  such 
repairs  shall  exceed  fifteen  dollars,  the  same  shall  be  made  only 
with  the  approval  of  the  mayor  and  the  committee  on  streets 
and  alleys  or  sidewalks  and  crossings  as  the  case  may  be. 

Sec.  4.  Report  to  mayor — orders.  The  superintendent 
of  streets  shall  promptly  report  to  the  mayor  all  violations  of 
ordinances  in  relation  to  the  streets,  alleys,  sidewalks,  crossings 
and  public  grounds  which  may  come  to  his  notice.  He  shall 
carry  into  effect  all  such  orders,  general  or  special,  as  he  may 
receive  from  the  citv  council  or  mayor;  and  for  any  willful 
neglect  or  refusal  to  perform  any  duty  required  of  him  by  the 
law  or  ordinances  of  said  city,  he  shall  be  liable  to  removal  from 
office. 

Sec.  5.  Clean  streets — examine  sewers.  The  superin¬ 
tendent  of  streets  shall  annually,  in  the  spring  of  the  year,  cause 
the  streets,  avenues,  alleys,  crossings  and  public  grounds  (ex¬ 
cept  the  public  park)  to  be  cleaned  and  the  gutters  opened,  and 
shall,  as  far  as  it  is  practicable,  keep  them  in  that  condition 
during  the  year.  He  shall,  from  time  to  time,  examine  the 
sewers,  culverts,  bridges,  sidewalks  and  crossings  and  report  the 
condition  of  the  same  to  the  city  council,  and  recommend  such 
improvements  or  repairs  as  he  may  deem  necessary. 

Sec.  6.  Employ  laborers — their  compensation — keep 

time.  The  superintendent  of  streets  may  employ  such  number 
of  laborers,  teams  and  wagons  as  shall  be  necessary  for  cleaning 
and  repairing  the  streets  and  alleys  as  herein  provided,  and  for 
doing  such  other  work  as  may  be  ordered  by  the  city  council. 
The  superintendent  of  streets  shall  oversee  and  direct  the  street 
laborers  and  workingmen,  and  require  them  to  work  faithfully, 
and  shall  keep,  in  a  suitable  book,  a  correct  account  of  their 
time. 

Sec.  7.  Supervise  tapping  of  sewers.  The  superintend¬ 
ent  of  streets  shall  supervise  all  connections  of  private  drains  or 
sewers  with  the  public  sewers,  and  shall  see  that  the  same  are 


44 


Superintendent  of  Streets. 


made  in  such  manner  that  no  injury  is  done  to  such  public 
sewer. 

Sec.  8.  Purchase  implements  and  materials— mark  im¬ 
plements.  The  superintendent  of  streets  shall  procure  the 
necessary  implements  for  performing  street  labor,  or  materials 
necessary  for  repairs  on  bridges,  culverts  and  crossings,  but  he 
shall  make  no  purchases  of  implements  or  materials  without 
making  a  written  requisition  to  the  chairman  of  the  committee 
on  streets  and  alleys,  or  sidewalks  and  crossings  as  the  case  may 
be,  and  obtaining  his  order  therefor;  and  when  he  shall  pur¬ 
chase  any  implements  or  materials  for  the  use  of  the  city,  he 
shall  promptly  report  the  bill  therefor  to  the  city  council.  He 
shall  cause  all  implements  or  tools  belonging  to  the  city  to  be 
legibly  marked  or  branded  with  the  word  “city,”  and  shall 
cause  them  to  be  properly  housed  and  protected  from  the 
weather  when  not  in  use. 

Sec.  9.  Keep  list  of  property — turn  over  to  successor. 

It  shall  be  the  duty  of  the  superintendent  of  streets  to  keep  a 
correct  list  of  all  implements,  materials  and  other  property  of 
the  city  in  his  charge  and  possession;  and,  upon  the  expiration 
of  his  term  of  office,  or  his  resignation  or  removal  therefrom,  he 
shall  deliver  said  property  to  his  successor  in  office,  taking  a 
receipt  therefor,  which  he  shall  immediately  file  with  the  city 
clerk,  who  shall  credit  him  with  the  same,  and  charge  his  suc¬ 
cessor  therewith. 

Sec.  10.  List  of  manholes — sewers,  etc.  It  shall  be  the 
duty  of  the  superintendent  of  streets  to  prepare  and  maintain, 
in  a  suitable  book,  a  complete  list  of  all  the  sewers  in  the  city, 
built  or  constructed  during  his  term  of  office,  giving  the  termi¬ 
nation  and  commencement  of  each,  with  its  size,  depth,  fall,  in¬ 
lets  and  when  and  of  what  material  constructed,  and  accurately 
locating  all  manholes  or  entrances  thereto,  and  giving  such 
other  information  in  connection  therewith  as  may  oe  to  the  in¬ 
terest  of  the  city;  and  upon  the  expiration  of  his  term  of  office 
or  his  resignation  or  removal  therefrom,  he  shall  turn  such  rec¬ 
ord  over  to  his  successor,  taking  and  filing  his  receipt  therefor 
with  the  city  clerk. 


Superintendent  of  Streets. 


45 


Sec.  11.  Accounts  of  expenditures — examine  accounts. 

The  superintendent  of  streets  shall  keep  in  a  suitable  book,  and 
in  such  manner  as  may  be  required  by  the  mayor  and  committee 
on  finance,  a  plain  and  accurate  account  of  all  expenditures 
made  under  his  supervision,  specifying  to  whom  and  for  what 
purposes  made.  He  shall  examine  all  accounts  of  contractors 
and  other  persons  for  work  pertaining  to  his  department  or  for 
implements  or  materials  furnished  therefor,  and,  if  correct,  shall 
certify  the  same  to  the  city  council  for  payment. 

Sec.  12.  Monthly  report.  The  superintendent  of  streets 
shall  at  the  first  meeting  of  the  council  in  each  month,  submit 
his  report  in  writing  of  all  expenditures  made  under  his  super¬ 
vision  during  the  preceding  month,  specifying  the  purpose  of 
such  expenditures.  No  account  presented  or  certified  by  him 
shall  be  allowed,  or  warrant  issued  thereon,  unless  it  shall  clear] y 
appear  thereon  to  what  account  or  appropriation  each  item  is 
chargeable. 

Sec.  13.  Annual  report.  The  superintendent  shall, 
annually,  at  the  commencement  of  the  fiscal  year,  prepare  and 
present  to  the  city  council,  a  report  summarizing  the  work  done 
in  his  department  for  the  year,  and  giving  a  statement  of  the 
tools,  implements,  materials,  and  other  property  in  his  depart¬ 
ment  belonging  to  the  cityq  together  with  such  other  informa¬ 
tion  and  suggestions  as  he  may  deem  proper  to  embody  in  such 
report. 

Sec.  14.  Salary.  The  superintendent  of  streets  shall  re¬ 
ceive  a  salary  of  sixty  dollars  per  month  from  April  ist  to 
December  ist,  and  from  December  ist  to  April  ist  fifty  dollars 
per  month,  and  he  shall  receive  no  other  compensation,  per¬ 
quisite  or  benefit  whatsoever. 


46 


Police  Magistrate 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


CHAPTER  VII. 

POLICE  MAGISTRATE. 

Where  suits  to  be  brought — complaint. 

If  judgment  not  paid,  what  proceeding — form  of  exe¬ 
cution —  what  proviso. 

Defendant  must  work  out  fine. 

If  defendant  refuses  to  work — duty  of  officer. 
Superintendent  of  streets  may  restrain  defendants. 
How  officers  to  execute  writs. 

Police  magistrate  and  justices  to  tax  costs. 

Amount  of  fees  allowed  magistrate  and  other  officers. 
City  attorney  to  try  suits. 

Magistrate  to  act  as  police  court. 

Magistrates  and  justices  to  report  quarterly. 

Penalty  for  failing  to  report. 

When  costs  not  allowed. 


Section  1.  Where  suits  to  be  brought — complaint.  That 

the  police  magistrate  and  justices  of  the  said  city  are  hereby 
vested  with  jurisdiction  in  all  actions,  suits  or  prosecutions 
brought  for  the  recovery  of  any  fine,  forfeiture  or  penalty 
under  any  ordinance,  by  law  or  police  regulation  passed 
by  the  city  council;  and  such  magistrate  or  justices  of 
the  peace  shall  have  the  power  to  fine  or  imprison,  or  both,  in 
their  discretion,  whenever  such  discretion  shall  be  vested  in 
them  by  said  act  or  acts,  or  any  bv-law,  ordinance  or  police 
regulation  aforesaid;  such  actions,  suits  and  prosecutions  shall 
be  commenced  and  prosecuted  in  the  manner  required  by  the 
charter;  and  the  acts  that  have  been  or  may  hereafter  be  passed 
amendatory  thereto. 

Sec.  2.  If  judgment  not  paid,  what  proceedings— form  of 
execution — proviso.  Immediately  upon  the  conviction  of  any 
person  for  any  breach  of  any  ordinance,  by-law  or  police  regula¬ 
tion  of  said  city,  the  police  magistrate  or  justice  of  the  peace 
shall  enter  judgment  against  him  for  the  amount  of  fine  and 


Police  Magistrate. 


47 


costs  of  prosecution ;  and  in  case  the  person  convicted  shall  not 
have  sufficient  property  to  pay  the  amount  of  costs  and  fine  im¬ 
posed  upon  him  under  this  chapter  he  shall  be  required  to  pay 
the  same  by  manual  labor,  as  provided  by  the  ordinances  of 
said  city  at  the  rate  of  two  dollars  per  day,  until  such  fine  or 
judgment  and  all  costs  thereon  shall  be  fully  paid;  and  im¬ 
mediately  upon  the  rendition  of  judgment  it  shall  be  the  duty  of 
the  police  magistrate,  or  justice  of  the  peace,  to  issue  an  execu¬ 
tion  in  the  following  form  as  near  as  may  be,  to-wit: 


STATE  OF  ILLINOIS  ') 

County  of  La  Salle  >  ss. 

City  of  Marseilles.  ) 

The  people  of  the  state  of  Illinois  to  any  constable  of  said  county  or  to 
any  police  officer  of  said  city,  greeting: 

WHEREAS,  the  city  of  Marseilles  has  this  day  obtained  judgment 
before  the  undersigned,  a  police  magistrate  (or  one  of  the  justices  of  the 

peace)  of  the  city  of  Marseilles,  against.. . 

for  violation  of  an  ordinance  of  said  city,  for . 

dollars  fine  and . dollars  costs  of  prosecu¬ 

tion,  these  are  therefore  to  command  you  to  levy  fine  and  the  costs  of  the 

goods  and  chattels  of  the  said . t . . . within 

said . . . and  expose  the  same  for  sale 

agreeable  to  law;  and  for  want  of  sufficient  property  wherewith  to  levy 
and  make  said  fine  and  costs,  you  are  hereby  commanded  to  take  the 

body  of  the  said  . . and  you  him  safely  to 

deliver  to  the  keeper  of  the  bridewell  of  said  city,  and  the  said  bridewell 
keeper  is  hereby  commanded  to  receive  and  safely  keep  him  in  custody 

by  virtue  hereof  and  require  and  compel  the  said . 

to  labor  at  manual  labor  as  by  the  ordinances  of  said  city  provided,  at 
the  rate  of  two  dollars  per  day,  until  the  whole  amount  of  such  fine  and 
costs  are  paid,  and  make  return  thereof  to  me. 

Given  under  my  hand  and  seal  this . day  of. . 

A.  D.,  19 . 

Police  Magistrate  or  J.  P.  [L.S.] 

Provided  however,  that  the  justice  of  the  peace  or  police 
magistrate  before  whom  the  conviction  is  made,  may  in  his  dis¬ 
cretion,  issue  an  execution  directed  to  any  constable  of  said 
county,  or  any  police  officer  of  said  city,  to  take  the  body  of 
the  defendant,  and  in  default  of  payment,  that  he  be  confined 
in  the  city  bridewell  or  in  the  county  jail  until  the  payment 
thereof;  Provided,  also,  that  no  such  imprisonment  shall  ex- 


48 


Police  Magistrate. 


ceed  six  months  for  any  one  offense.  Such  persons  shall  be 
confined  at  the  rate  of  one  day  for  each  two  dollars  of  said  fine 
or  judgment  and  costs,  and  may  be  compelled  to  labor  as  pro¬ 
vided  by  the  ordinances  of  said  city. 

Sec.  3.  Defendant  must  work  out  fine.  In  all  cases 
under  this  chapter,  where  the  defendant  is  required  to  work  out 
his  fine  and  costs  on  the  streets,  alleys  and  sidewalks,  the  chief 
of  police  or  other  officer  having  him  in  custody,  shall  deliver 
him,  together  with  the  amount  due  and  endorsed  on  said  execu¬ 
tion  and  commitment  to  the  superintendent  of  streets,  or  the 
bridewell-keeper,  and  said  superintendent  of  streets  or  bridewell- 
keeper  shall  require  said  defendant  so  delivered  to  him,  to  per¬ 
form  the  amount  of  labor  required  of  him  by  this  chapter;  and 
when  said  person  shall  have  worked  out  the  amount  of  said  fine 
or  judgment  and  costs  and  charges,  on  the  streets,  as  herein  re¬ 
quired,  the  said  superintendent  of  streets  shall  thereupon  notify 
the  officer  thereof,  and  the  said  officer  shall  make  return  to  the 
police  magistrate  or  justice  of  the  peace  of  the  said  execution 
and  commitment,  that  the  judgment  is  satisfied  and  the  fine 
and  costs  are  paid  by  labor  on  the  streets,  and  said  person  shall 
thereupon  be  immediately  discharged. 

Sec.  4.  If  defendant  refuses  to  work — duty  of  officer. 

Every  person  who  shall  refuse  to  work,  or  neglect  to  labor  dili¬ 
gently  as  above  required,  at  least  nine  hours  per  day  and  until 
the  judgment  so  rendered  against  him,  or  the  fine  and  costs  are 
paid  by  said  labor  at  the  rate  of  two  dollars  per  da}',  shall  be 
taken  to  the  city  bridewell  of  the  city  of  Marseilles,  and  there 
kept  on  bread  and  water  alone  until  he  shall  work  on  the  streets 
and  alleys  as  required  by  this  chapter,  or  pay  the  amount  of 
such  judgment  of  fine  and  costs :  Provided,  however,  that  no 
person  shall  be  required  to  labor  upon  the  streets  or  alleys  of 
said  city,  whose  health  or  strength  will  not  admit. 

Sec.  5.  Superintendent  of  streets  may  restrain  defend¬ 
ants.  The  superintendent  of  streets  or  bridewell-keeper  is 
hereby  authorized  and  empowered,  in  his  discretion  to  place 
and  impose  such  restraint  upon  any  person  required  to  work  out 
the  amount  of  judgment  or  fine  and  costs  as  is  required  by  the 
ordinance  as  may  be  necessary  and  proper  to  prevent  such  per- 


Police  Magistrate. 


49 


son  from  escaping  from  the  custody  of  such  superintendent  of 
streets  or  bridewell-keeper  during  the  time  he  is  required  to 
labor  as  aforesaid. 

Sec.  6.  How  officers  to  execute  writs.  The  officer  who 
shall  execute  any  writ  or  any  other  process  issued  by  the  police 
magistrate  or  justice  of  the  peace  of  said  city  shall,  unless  oth¬ 
erwise  directed  by  this  or  some  other  ordinance  of  said  city, 
proceed  in  the  execution  of  his  duty  in  the  same  manner  as  con¬ 
stables  are  required  to  do  under  the  laws  of  this  state,  and  the 
police  magistrate  or  justice  of  the  peace  in  issuing  process  and 
on  the  return  of  the  same  shall,  unless  otherwise  directed,  by 
this  or  some  other  ordinance  of  said  city,  be  governed  by  the 
laws  of  this  state  appertaining  to  proceedings  before  justices  of 
the  peace. 

Sec.  7.  Police  magistrate  and  justices  to  tax  costs.  The 

police  magistrate  or  justice  of  the  peace  shall  tax  as  part  of  the 
costs  all  fees  due  any  officer  under  or  by  virtue  of  this  chapter 
or  any  ordinance  of  said  city,  and  in  case  where  the  defendant 

is  acquitted  the  complainant  or  prosecuting  witness  may  be  ad¬ 
judged  to  pay  the  costs  if  it  appears  to  the  magistrate  or  justice 

of  the  peace  that  the  prosecution  was  instituted,  maliciously, 
vexatiously  or  without  probable  cause. 

Sec.  8.  Amount  of  fees  allowed  magistrate  and  other  offi¬ 
cers.  The  police  magistrate,  justice  of  the  peace,  and  other 
officers  shall  be  entitled  to  tax  as  costs,  in  all  cases  arising  un¬ 
der  the  ordinances  of  said  city,  the  same  fees  as  are  allowed  in 
criminal  cases;  Provided  the  city  of  Marseilles  shall  not  pay,  or 
be  liable  to  pay,  any  such  costs  or  fees,  other  than  those  of  the 
police  magistrate,  in  cases  where  the  same  are  not  or  cannot  be 
collected  in  money  from  the  defendant;  and  provided  further 
that  when  the  officer  executing  process  or  making  arrests  is 
paid  a  salary  by  said  city,  the  fees  taxed  as  his  costs  shall  be 
paid  into  the  city  treasury  by  such  magistrate  or  justice  taxing 
the  same,  and  when  the  costs  are  not  paid  by  the  defendant,  in 
money,  the  city,  and  not  the  officer,  will  receive  credit  for  such 
fees. 

Sec.  9.  City  attorney  to  try  suits.  It  shall  be  the  duty 
of  the  police  magistrate  or  justice  of  the  peace,  through  the 


50 


Police  Magistrate. 


chief  of  police  or  other  officer,  to  inform  the  city  attorney  of 
any  and  all  complaints  or  affidavits  made  before  them  for  a  vi¬ 
olation  of  any  ordinance  of  said  city,  and  it  shall  be  his  duty  to 
appear  on  behalf  of  the  city  when  necessary,  and  prosecute  all 
suits  commenced  for  a  breach  of  any  ordinance. 

Sec.  10.  Magistrates  to  act  as  police  court.  It  shall  be 
the  duty  of  said  police  magistrate  or  justice  of  the  peace,  when 
called  upon,  to  act  as  a  police  court  in  the  hearing  and  disputa¬ 
tion  of  all  cases  arising  under  this  chapter  which  may  be  brought 
before  him  from  the  bridewell,  or  otherwise. 

Sec.  11.  Magistrates  and  justices  to  report  quarterly.  It 

shall  be  the  duty  of  said  police  magistrate  or  justice  of  the 
peace  to  make  a  report  of  the  knes  assessed  and  collected  by 
them  or  either  of  them,  and  also  report  when  the  said  fines 
have  been  worked  out  of  the  streets,  alleys  and  sidewalks,  and 
present  the  same  monthly  to  the  city  council  of  the  city  of  Mar¬ 
seilles,  and  to  pay  the  money  so  collected  into  the  city  treasury; 
and  also  to  present  with  each  and  every  such  report  the  receipt 
of  the  city  treasurer  for  the  amount  of  fines  so  collected  and 
paid  in. 

Sec.  12.  Penalty  for  failing  to  report.  Any  police  magis¬ 
trate  or  justice  of  the  peace,  who  shall  fail  to  make  his  report  as 
required  by  this  chapter,  shall  be  fined  in  a  sum  not  exceeding 
one  hundred  dollars. 

Sec.  13.  When  costs  not  allowed.  That  no  costs  shall  be 
allowed  to  an}^  justice  of  the  peace  of  the  city  of  Marseilles  in 
any  suit  or  proceeding  instituted  or  tried  before  such  justice  of 
the  peace,  in  the  name  of  the  city  of  Marseilles,  unless  the  com¬ 
mencement  of  such  suit  or  proceeding  be  authorized  and  ordered 
by  the  proper  city  officer  or  officers. 


Pound  Master. 


51 


CHAPTER  VIII. 


POUND  MASTER. 


Section  1. 
2. 

3. 

4. 

5. 


Office  created — term. 
Oath  and  bond. 
Duties. 

Monthly  report. 

Fees. 


Section  1.  Office  created— term.  There  is  hereby  cre¬ 
ated  in  this  city  the  office  of  pound  master.  He  shall  be  ap¬ 
pointed  and  hold  office  as  herein  provided. 

Sec.  2.  Oath  and  bond.  The  pound  master  shall,  before 
entering  upon  the  duties  of  his  office,  take  the  oath  as  nearly  as 
may  be  in  the  form  herein  provided  for  the  mayor,  and  shall 
execute  a  bond  to  the  city  of  Marseilles  in  the  penal  sum  of  five 
hundred  dollars,  with  securities  to  be  approved  by  the  city 
council  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

Sec.  3.  Duties.  It  shall  be  the  special  duty  of  the  pound 
master  to  enforce  and  carry  out  the  provisions  of  all  ordinances 
of  the  city  of  Marseilles  relating  to  the  running  at  large  of  ani¬ 
mals,  and  to  properly  care  for  and  feed  all  animals  found  run¬ 
ning  at  large  and  placed  in  his  charge,  and  he  shall  have  general 
care  and  management  of  the  city  pound,  or  such  other  place  or 
places  as  may  be  provided  by  the  city  council  for  the  impound¬ 
ing  of  animals. 

Sec.  4.  Monthly  report.  It  shall  be  the  duty  of  the 

pound  master  to  submit  to  the  city  council  at  its  first  regular 

meeting  in  each  month  a  report  showing  in  detail  the  number 

and  kind  of  animals  impounded  during  the  preceding  month, 

the  name  of  the  owner  or  keeper  of  each,  when  known,  and  the 

disposition  of  each,  and  the  amount  of  all  impounding  fees  and 

expenses  received  by  him  during  such  period  and  from  whom 

received;  and  in  ease  of  sale  of  any  such  animal,  he  shall  state 

✓  • 


52 


Bridge  Tender. 


what  sum  or  sums  he  has  turned  over  to  the  police  magistrate 
or  justice  of  the  peace. 

Sec.  5.  Fees.  The  pound  master  shall  be  allowed  to 
charge  and  receive  for  the  impounding  of  animals  found  running 
at  large  contrary  to  the  ordinances  of  said  city,  the  following 
fees,  to  be  paid  by  the  owner  or  owners  of  the  animal  or  ani¬ 
mals  so  impounded,  fifty  cents.  For  taking  up  one  animal  and 
caring  for  and  feeding  same  one  day,  fifty  cents.  For  caring 
for  and  feeding  such  animal  each  day  thereafter,  the  sum  of 
twenty-five  cents,  and  in  addition,  the  amount  of  money  actu¬ 
ally  spent  for  necessary  feed  therefor.  For  serving  each  notice 
on  the  owner  or  publisher,  in  a  newspaper,  exclusive  of  the 
printers  fee,  twenty-five  cents;  for  posting  notices  of  sale,  fifty 
cents,  for  selling  such  animal  or  animals,  ten  per  cent  on  the 
amount  of  any  single  sale  up  to  twenty  dollars,  and  five  per 
cent  on  the  excess  of  such  sale  over  twenty  dollars. 


CHAPTER  IX. 


BRIDGE  TENDER. 


Section  1. . 
2. 

3. 

4. 

5. 

6. 


Office  created. 
Appointment. 
Term  of  office. 
Oath — bond. 
Duties. 

Salary. 


Section  1.  Office  created.  That  there  be  and  is,  hereby, 
created  the  office  of  bridge  tender,  in  and  for  the  city  of  Mar¬ 
seilles,  and  such  bridge  tender  shall  be  appointed  to  such  office 
and  confirmed  therein,  in  the  manner  hereinafter  provided. 

Sec.  2.  Appointment.  The  bridge  tender  shall  be  ap¬ 
pointed  by  the  mayor  upon  the  advice,  request,  recommenda¬ 
tion,  or  consent  of  a  majority  of  the  members  of  the  city  coun- 


Bridge  Tender. 


53 


cil.  and  the  consent  of  such  majority  duly  entered  of  record, 
shall  be  necessary  to  confirm  the  appointment  of  any  person  to 
the  said  office  or  entitle  such  person  to  compensation  for  ser¬ 
vices  rendered. 

Sec.  3.  Term  of  office.  The  bridge  tender  shall  be  ap¬ 
pointed  annually,  (in  the  manner  provided  in  Sec.  2  of  this 
ordinance)^  on  the  first  Monday  in  May,  or  as  soon  thereafter 
as  may  be,  and  shall  hold  his  office  for  the  term  of  one  year  or 
until  his  successor  shall  have  been  appointed  and  confirmed. 

Sec.  4.  Oath — bond.  The  bridge  tender,  before  enter¬ 
ing  upon  the  duties  of  his  office,  shall  take  and  subscribe  to  the 
oath  prescribed  by  law  for  city  officers  and  he  shall  execute  and 
deliver  to  the  city  of  Marseilles  a  good  and  sufficient  bond  in 
the  penal  sum  of  five  hundred  ($500)  dollars  with  such  sureties 
as  the  city  council  may  require  and  approve ;  such  bond  shall 
be  conditioned  for  the  faithful  and  diligent  performance  of  the 
duties  of  his  office, 

Sec.  5.  Duties.  The  bridge  tender,  under  the  direction 
of  the  mayor  or  of  the  street  and  alley  committee,  shall  care 
for,  manage,  control,  operate,  supervise  and  keep  in  proper  re¬ 
pair  the  machinery  of  the  bridge  or  bridges  to  which  he  may  be 
assigned;  and  he  shall  at  all  times  keep  said  bridge  or  bridges 
in  proper  condition  to  be  traveled  upon  and  over  by  the  public; 
except  at  such  times  as  it  may  become  necessary  to  raise  or 
turn  said  bridge  or  bridges  in  order  to  permit  the  free  passage 
of  vessels,  boats,  barges,  launches,  floats  or  other  water-craft 
upon  and  along  the  water-way  spanned  by  such  bridge  or 
bridges. 

Sec.  6.  Salary.  The  bridge  tender,  when  duly  appointed 
and  confirmed,  shall  receive  as  full  compensation  for  services 
rendered  by  him  as  such  bridge  tender,  during  the  season  of 
navigation  on  the  Illinois  &  Michigan  canal,  such  sum  as  the 
city  council  may  determine  by  a  resolution  to  be  adopted  at  the 
time  of  confirming  the  appointment  of  such  bridge  tender;  and 
the  compensation,  when  thus  fixed,  shall  not  be  changed  so  as 
to  effect  the  salary  of  the  bridge  tender  during  his  term  of  office. 


54 


City  Teamster 


CHAPTER  X. 

CITY  TEAMSTER. 


Section  1. 
2. 

3. 

4. 

5. 

6. 


Office  created. 

Appointment — confirmation. 
Oath — bond. 

Duties. 

Salary. 

Emergency. 


Section  1.  Office  created.  There  is  hereby  created  the 

office  of  City  Teamster  of  the  City  of  Marseilles. 


Sec.  2.  Appointment — confirmation.  The  city  teamster 
shall  be  appointed  by  the  mayor,  with  the  consent  and  confir¬ 
mation  of  the  city  council,  and  shall  hold  his  office  for  the  period 
of  one  year,  or  until  his  successor  shall  have  been  duly  appoint¬ 
ed  and  qualified. 


Sec.  3.  Oath — bond.  Before  entering  up>on  his  duties 
the  city  teamster  shall  take  the  oath  of  office  prescribed  for 
other  officers  of  the  city  and  shall  file  with  the  city  clerk  a  bond 
in  the  penal  sum  of  five  hundred  ($500)  dollars,  with  such  sure¬ 
ties  as  shall  be  approved  by  the  city  council;  conditioned  upon 
the  faithful  discharge  of  his  duties  as  such  officer. 

Sec.  4.  Duties.  The  city  teamster  shall  have  charge  of 
the  city  team  and  properly  care  for  same  and  all  harness  and 
wagons  and  he  shall  keep  same  in  good  condition  and  repair 
and  render  to  the  city  council  an  itemized  statement  of  the  re¬ 
pairs  that  he  may  find  it  absolutely  necessary  to  have  done  in 
order  to  keep  the  same  in  proper  repair.  He  shall  be,  while  at 
work  upon  the  streets,  under  the  direction  of  the  superintend¬ 
ent  of  streets.  He  shall  attend  all  fires  that  may  occur  in  the 
city,  and  shall  immediately  upon  an  alarm  of  fire  bring  the  city 
team  to  the  headquarters  of  the  fire  department  and  be  pre¬ 
pared  to  haul  the  fire  apparatus  to  any  place  that  he  may  be 
ordered  by  the  city  fire  marshal ;  but  he  shall  be  at  all  times 
under  the  general  supervision  of  the  mayor  and  subject  to  his 
orders. 


Police  Department. 


55 


Sec.  5.  Salary.  The  city  teamster  shall  receive  for  his 
services  the  sum  of  fifty  dollars  per  month,  payable  semi¬ 
monthly,  in  lieu  of  any  and  all  compensation,  perquisites  or 
benefits  whatsoever. 

Sec.  6.  Emergency.  It  is  hereby  declared  that  an  emer¬ 
gency  exists  and  that,  this  ordinance  shall  take  effect  immedi¬ 
ately  upon  its  passage,  approval  and  due  publication. 


Section  1. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 


Section  1. 

2. 

3. 

4. 

5. 


CHAPTER  XL 

ARTICLE  I. 

POLICE  'DEPARTMENT. 
Department  created. 

ARTICLE  II. 

CHIEF  OF  POLICE. 

Office  created —term. 

Oath  and  bond. 

Powers  of  marshal  and  constable. 
Devote  entire  time — offenders. 
Control  of  police  force — absence. 
Attend  council  meetings,  etc. 

Keep  police  record. 

Yearly  reports. 

Turn  over  money. 

Care  of  property. 

Serving  papers. 

Salary. 

ARTICLE  III. 

ASSISTANT  CHIEF  OF  POLICE. 

Office  created — term. 

Oath  and  bond. 

Duties. 

Report  to  chief. 

Salarv. 

j 


56 


Police  Department. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 


ARTICLE  IV. 

POLICE. 

Term. 

Oath  and  bond. 

Performance  of  duty. 

Report  to  superior  officer. 

Serving  process  within  city. 

Serving  process  without  city. 

Calling  on  bystanders  for  assistance. 

Aid  fire  department. 

Neglect  or  violation  of  duty. 

Uniform. 

Extra  duties. 

Drunkeness— entering  saloons. 

Deportment. 

Memorandum  book. 

Looking  after  sidewalks  and  property. 

Supplied  with  badge  and  billy. 

Temporary  policeman. 

Special  policemen. 

Resistance  of  an  officer — penalty. 

Police  district  created. 

Watchman  in  district  to  act  as  policeman. 

Oath — bond. 

Person  or  corporation  to  make  written  request. 
Compensation  of  police. 


ARTICLE  I. 

POLICE  DEPARTMENT. 

Section  1.  Department  created.  There  is  hereby  estab¬ 
lished  an  executive  department  of  the  municipal  government  of 
the  city  of  Marseilles  which  shall  be  known  as  the  “police  de¬ 
partment,”  and  shall  consist  of  one  chief  of  police,  one  assistant 
chief  of  police,  and  not  more  than  four  regular  policemen,  and 
temporary  and  special  policemen  as  hereinafter  provided. 


ARTICLE  II. 

CHIEF  OF  POLICE. 

Section  1.  Office  created — term.  There  is  hereby  creat¬ 
ed  in  this  city  the  office  of  chief  of  police.  He  shall  be  the  chief 
officer  of  the  police  department,  and  shall  be  appointed  and 
hold  his  office  as  herein  provided.  The  chief  of  police  shall  be 
appointed  by  the  mayor  by  and  with  the  consent  of  the  city 


Police  Department. 


57 


council,  and  shall  hold  his  office  for  one  year  and  until  his  suc¬ 
cessor  is  appointed  and  qualified. 

Section  2.  Oath  and  bond.  The  chief  of  police,  before 
entering  upon  the  duties  of  his  office,  shall  take  the  oath  as 
nearly  as  may  be  in  the  form  provided  herein  for  the  mayor, 
and  shall  execute  a  bond  to  the  city  of  Marseilles  in  the  penal 
sum  of  one  thousand  dollars,  with  good  and  sufficient  sureties 
to  be  approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

Section  3.  Powers  of  marshal  and  constable.  The  chief 
of  police  shall  possess  all  the  statutory  powers  of  a  city  mar¬ 
shal,  and  shall  possess  the  power  and  authority  of  a  constable 
at  common  law  and  under  the  statutes  of  this  state. 

Sec.  4.  Devote  entire  time — offenders.  The  chief  of 
police  shall  devote  his  entire  time  and  energy  to  the  discharge 
of  the  duties  of  his  office;  shall  see  that  the  laws  and  ordinances 
are  enforced  and  that  all  offenders  are  promptly  reported  to 
some  proper  tribunal  for  punishment. 

Sec.  5.  Control  of  police  force — absence.  The  chief  of 
police  shall  be  the  commanding  officer  of  the  entire  police  force 
of  the  city  subject  to  the  mayor  and  the  rules  and  regulations 
prescribed  by  the  city  council ;  and  shall  see  that  each  officer 
performs  his  whole  duty  according  to  law  and  the  ordinances. 
The  chief  of  police  shall  in  no  case  absent  himself  from  the  city 
without  the  consent  of  the  mayor  or  chairman  of  the  committee 
on  police. 

Sec.  6.  Attend  council  meetings,  etc.  The  chief  of  po¬ 
lice  shall  attend,  either  in  person  or  by  assistant,  all  meetings 
of  the  city  council,  execute  all  its  orders,  and  all  warrants  or 
other  legal  process  required  to  be  executed  by  him  under  any 
ordinance  of  the  citv. 

Sec.  7.  Keep  police  record.  The  chief  of  police  shall 
keep  books  of  record  of  the  police  department  and  all  persons 
arrested  or  committed  by  the  police,  showing  the  time  and  place 
of  such  arrest,  by  whom  the  arrest  was  made,  the  offense 
charged,  the  magistrate  or  justice  before  whom  such  person  was 
tried,  the  disposition  of  each  case,  the  amount  of  city  officers 


58 


Police  Department. 


costs  for  serving  papers,  collected,  if  any,  and  in  addition  shall 
record  a  list  of  all  moneys  or  valuables  taken  from  each  prisoner, 
at  the  time  of  his  commitment  and  the  disposition^  thereof. 

Sec.  8.  Yearly  reports.  The  chief  of  police  shall  at  the 
first  regular  meeting  of  the  city  council  in  May  of  each  year 
present  his  written  report  showing  the  number  of  arrests  made 
by  the  police  force  during  the  preceding  year,  the  name  of  each, 
person  arrested,  the  offense  charged,  the  officer  making  the  ar¬ 
rest,  the  magistrate  before  whom  tried,  the  disposition  of  the 
case,  the  fine  imposed  if  any,  and  the  amount  of  such  fine,  and 
city  officer’s  fees  for  serving  papers  therein,  collected;  and  in 
said  report  he  shall  give  a  list  of  all  dogs  registered,  and  all 
killed,  if  any  during  the  preceding  year,  the  officer  by  whom 
killed  and  the  reason  for  its  destruction. 


Sec.  9.  Turn  over  money.  The  chief  of  police  shall 
promptly  turn  over  to  the  city  treasurer  all  moneys  of  the  city 
which  may  come  to  his  hands  from  dog  tax  or  otherwise,  and 
he  shall  tak^.  and  file  the  treasurer’s  receipt  therefor. 

' 

Sec.  10.  Care  of  property.  The  chief  of  police  shall 
have  the  care,  custody  and  control  of  all  books,  records,  equip¬ 
ments  and  other  property  belonging  to  the  police  department, 
and  all  stolen  goods  seized  and  retained  by  police  authority. 

Sec.  11.  Serving  papers.  It  shall  be  the  duty  of  the 
chief  of  police  as  far  as  practicable  to  serve  and  return  all  pa¬ 
pers  in  any  suit  to  which  the  city  is  a  party,  and  he  shall  make 
no  charge  therefor  when  the  city  is  the  unsuccessful  party;  and 
when  the  city  is  the  successful  party  and  his  fees  for  serving 
such  papers  are  collected,  he  shall  promptly  turn  the  same  over 
to  the  city  treasurer  and  take  and  file  his  receipt  therefor,. 

Sec.  12.  Salary.  The  chief  of  police  shall  ’receive  an  an¬ 
nual  salary  of  seven  hundred  and  twenty  dollars  to  be  paid  in 
semi-monthly  installments  in  lieu  of  all  other  fee,  perquisite  or 
reward  in  any  manner  whatsoever. ^  .  ..m, 


ARTICLE  III. 

.  n 

ASSISTANT  CHIEF  OF  POLICE. 


Section  1.  Office  created— term.  There  is  hereby  cre¬ 
ated  in  the  city  of  Marseilles  the  office  of  assistant  chief  of  po- 


Police  Department. 


59 


lice,  he  shall  be  the  chief  executive  officer  of  the  police  depart¬ 
ment  in  the  absence  of  the  chief  of  police  and  shall  be  appointed 
by  the  mayor  by  and  with  the  consent  of  the  city  council,  and 
shall  hold  his  office  for  one  year  and  until  his  successor  is  ap¬ 
pointed  and  qualified. 

Sec.  2.  Oath  and  bond.  The  assistant  chief  of  police, 
before  entering  upon  the  duties  of  his  office,  shall  take  the  oath 
as  nearly  as  may  be  in  the  form  prescribed  herein  for  the  mayor 
and  shall  execute  a  bond  to  the  city  of  Marseilles  in  the  penal 
sum  of  five  hundred  dollars,  with  good  and  sufficient  sureties  to 
be  approved  by  the  city  council,  conditioned  for  the  faithful  dis¬ 
charge  of  the  duties  of  his  office. 

Sec.  3.  Duties.  During  the  absence  of  the  chief  of  po¬ 
lice,  the  assistant  chief  of  police  shall  act  as  chief  of  police  and 
shall  perform  all  the  duties  of  the  chief  of  police  as  required  by 
law  and  ordinance  of  the  city.  He  shall  keep  a  careful  watch 
on  the  street  lights,  and  shall  from  time  to  time  note  all  lights 
that  are  out  and  preserve  a  record  thereof,  showing  the  date 
that  each  light  was  out,  where  located,  and  report  the  same  to 
the  city  council  at  each  regular  meeting  thereof.  He  shall  have 
entire  charge  of  the  night  policemen,  subject  to  the  orders  of 
the  chief  of  police. 

Sec.  4.  Report  to  chief.  It  shall  be  the  duty  of  the  assis¬ 
tant  chief  of  police  to  keep  a  record  of  all  arrests  made  by  the 
night  policemen,  where  and  by  whom  arrested,  the  offense 
charged,  and  all  dogs  killed  by  himself  or  any  night  policeman, 
which  record  shall  be  submitted  to  the  chief  of  police  each 
morning,  together  with  all  valuables  taken  from  committed 
prisoners  and  a  list  showing  from  whom  taken. 

Sec.  5.  Salary.  The  assistant  chief  of  police  shall  receive 
an  annual  salary  of  seven  hundred  and  twenty  dollars  to  be 
paid  in  semi-monthly  installments  in  lieu  of  all  other  compensa¬ 
tion,  perquisite  or  benefit  in  any  form  whatsoever. 

ARTICLE  IV. 

POLICE. 

Section  1.  Term.  Not  more  than  four  regular  policemen 
shall  be  appointed  and  shall  hold  office  in  like  manner  as  pre¬ 
scribed  for  the  chief  of  police  hereinbefore  provided. 


60 


Police  Department 


Sec.  2.  Oath  and  bond.  Each  regular  policeman'  shall, 
before  entering  upon  the  duties  of  his  office,  take  the  oath  as 
nearly  as  may  be  in  the  form  herein  provided  for  the  mayor  and) 
shall  execute  a  bond  to  the  city  of  Marseilles  in  the.  penal  sum 
of  five  hundred  dollars,  with  good  and  sufficient  sureties  to  be, 
approved  by  the  city  council,  conditioned  . for  t]m  faithful  per- 

•  »  u  •.  ^  v  '  w  . * 

formance  of  the  duties  of  his  office, 

.  4  "  it  ..  ,  .  •  .  4  :l  *  •  „ 

Sec-  3.  Performance  of  duty.  The  several  members  of 
the  police  force,  when  on  duty,  shall  devote  their  entire  time  to 
the  proper  performance  of  the  duties  of  their  office,  according 
to  the  laws  and  ordinances  of  the  city  and  the  rules  and  regula¬ 
tions  of  the  police  department.  They  shall  be  regular,  and 
prompt  in  the  discharge  of  their  duties  and  shall  obey  the  or¬ 
ders  of  their  superiors,  and  it  shall  be  their  special  duty  to  pre¬ 
serve  order,  peace  and  quiet  and  enforce  the  ordinances  of  the 
city. 

Sec.  4.  Report  to  superior  officers.  Every  policeman 
shall  report  to  his  commanding  officer  all  persons  known  to  be 
gamblers,  receivers  of  stolen  property,  thieves,  burglars  or  dis¬ 
orderly  persons,  and  also  all  unlawful  or  disorderly  houses  or 
places  within  the  jurisdiction  of  said  city^  as  well  as. all  violators, 
of  the  law  of  the  state  or  the  ordinances  of  the  city,  reported  to 
him  or  of  which  he  may  be  cognizant;  and  when  it  shall  come 
to  the  knowledge  of  any  member  of  the  police  force  that  any 
city  ordinance  has  been  violated  such  member  shall  forthwith 
make  complaint  before  the  police  magistrate  or  some  justice 
of  the  peace  within  said  city,  and  shall  forthwith  report  the  fact 
of  making  such  complaint  together  with  the  facts  in  the  case 
and  a  list  of  witnesses  to  his  commanding  officer,  whose  duty  it 
shall  be  to  secure  the  attendance  of  the  necessary  Witnesses  for 
the  successful  prosecution  of  the  offender.  It  shall  also  be  the 
duty  of  the  policeman  to  serve  promptly  all  warrants  or -other- 
process  issued  in  any  cause  pending  under  any  law  or  ordinance 
of  said  city  before  any  magistrate  thereof,  provided  such  war¬ 
rant  may  be  served  and  executed  within  the  corporate  limits  of 
such  city. 

Sec.  5.  Serving  process  within  city.,,,  All  policemen  shall 
have  power  and  authority,  within  the  corporate  limits  of  said 
city,  to  serve  and  execute  warrants  and  other  legal  process  for 


Police  Department. 


61 


the  apprehension  and  commitment  of  persons  charged  with  or 
held  for  the  commission  of  any  crime  or  misdemeanor,  or  any 
violation  of  any  law  or  ordinance  of  said  city,  and  while  serv¬ 
ing  or  executing  or  assisting  in  the  service  or  execution,  of  any 
such  warrant  or  legal  process,  they  shall  be  vested  with  all  the 
common  law  and  statutory  powers  of  constables  for  such 
purpose. 

Sec.  6.  Serving  process  without  the  city.  All  policemen 
shall  also  have  the  power  and  authority  to  execute  city  war¬ 
rants,  or  other  legal  process,  without  the  corporate  limits  of  the 
city,  and  within  such  distance  therefrom  as  is  authorized  by 
law,  in  all  cases  when  any  ordinance  of  the  city  council,  made 
pursuant  to  law,  shall  prescribe  a  penalty  for  the  violation 
of  any  of  its  provisions  by  persons  residing,  acting  or  doing 
business  without  the  limits  of  said  city. 

Sec.  7.  Calling  on  bystanders  for  assistance.  Any  police 
officer  of  the  city  may,  at  any  time,  call  on  any  able-bodied  male 
pferson  above  the  age  of  eighteen  years,  to  aid  him  in  arresting, 
retaking,  or  holding  in  custody  any  person  guilty  of  having  com¬ 
mitted  any  unlawfulact,  or  charged  therewith,  or  to,  aid  such 
officer  in  the  preventing  the  commission  of  any  unlawful  act; 
and  whoever  shall  neglect  or  refuse  to  give  such  aid  or  assistance 

f 

when  so  required,  shall  be  fined  not  less  than  three  dollars  nor 
more  than  twenty- five  dollars  for  each  offense. 

Sec.  8.  Aid  fire  department,  It  shall  be  the  duty  of  the 
members  of  the  police  force  to  aid  the  fire  department  by  giving 
alarms  in  case  of  fire,  and  by  clearing  the  streets  and  grounds  in 
the  immediate  vicinity  of  hnv  fire, so  that  the  firemen  shall  not  be 
hindered  or  obstructed  in  the  performance  of  their  duties. 

Sec,  9.  Neglect,  or  violation  of  duty.  Any  member  of 
the  police  department  who  shall  neglect  or  refuse  to  perform  any 
duty  Required  of  him  by  the  ordinance  of  the  city,  or  the  rules 
and  regulations  of  said  department,  or  who  shall  in  the  discharge 
of  his  official  duties,  be  guilty  of  fraud,  favoritism,  extortion, 
oppression,  or  willful  wrong  or  injustice,  shall  in  each  case,  be 
subjected  to  a  . fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  and  shall  be  subject  to  suspension  or  removal 
from  office. 


62 


Police  Department. 


Sec.  10.  Uniform.  The  several  members  of  the  police 
force  shall  wear  such  uniforms  as  may  be  prescribed  by  the  rules 
and  regulations  of  the  department,  said  uniform  shall  be  furnish¬ 
ed  by  each  member  of  the  force  at  his  own  expense. 

Sec.  11.  Extra  duties.  Although  certain  hours  shall  be 
allotted  to  each  member  for  duty,  yet  all  members  must  be  pre¬ 
pared  to  act  at  a  moment’s  notice,  whenever  their  services  may 
be  required,  either  on  call  by  a  superior  officer  or  in  view  of  a 
violation,  or  threatened  violation,  of  any  law  of  the  state  or  or¬ 
dinance  of  the  city. 

Sec.  12.  Drunkenness,  entering  saloons.  No  member  of 
the  department  shall,  while  on  duty,  drink  any  intoxicating 
liquor,  wine  or  beer,  or  enter  any  dram  shop,  billiard  hall,  gam¬ 
bling  house,  or  house  of  ill-fame,  except  in  discharge  of  his  duty; 
and  intoxication  at  any  time  shall  be  sufficient  cause  for  remo¬ 
val. 

Sec.  13.  Deportment.  Members  shall  be  civil  and  respect¬ 
ful  to  the  public,  and  upon  all  occasions  perform  their  duties 
with  good  temper  and  discretion,  and  shall  not  at  any  time, 
while  on  duty,  make  use  of  violent,  intemperate  or  abusive  lan¬ 
guage,  and  no  member  shall  comunicate  to  any  person  any  in¬ 
formation  which  may  lead  to  the  escape  from  arrest  or  punish¬ 
ment  of  persons  accused  of  crime. 

Sec.  14.  Memorandum  book.  Each  member  shall  always 
have  with  him  a  memorandum  book,  in  which  he  shall  enter  the 
names  of  all  persons  by  him  taken  in  charge,  together  with  the 
names  of  witnesses  which  may  be  necessary  in  the  successful 
prosecution  of  such  persons,  and  also  all  matters  which  may  be 
important  on  the  trial  of  a  cause. 

Sec.  15.  Looking  after  sidewalks  and  property.  It  shall 
be  the  duty  of  the  chief  of  police,  and  each  policeman,  whenever 
in  their  rounds  they  discover  any  sidewalks  out  of  repair,  or  any 
property  in  any  manner  needing  attention  to  prevent  danger  to 
citizens  or  loss  to  the  city,  to  report  the  same  at  once  to  the 
proper  committee  of  the  city  council,  or  to  the  city  council  itself 
at  its  next  meeting. 

Sec. 16.  Supplied  with  badge  and  billy.  Each  police  of¬ 
ficer  or  policeman  shall,  upon  his  appointment,  be  supplied  with 


Police  Department 


63 


a  badge  and  billy  and  upon  the  expiration  of  the  term  of  office 
of  any  policeman,  or  his 'resignation  or  removal  from  office,  he 
shall  immediately  deliver  to  the  chief  of  police,  for  the  use  of  the 
cidy,  his  badge  and  billy,  and  all  papers  and  effects  in  his  posses¬ 
sion,  belonging  to  the  city,  or  appertaining  to  his  said  office. 

‘  >:nr6e-C'.  17-  Temporaryepolicemen.  Whenever  the  mayor 
shall  deem  it  necessary,  he  may  appoint,  in  writing,  under  the 
corporate  seal ,  a  suitable  number  of  reputable  and  discreet  citi¬ 
zens  of  the  city  ns  temporary  policemen,  wffiose  powers,  duties 
and  liabilities  shall  be  the  same  as  regular  policemen,  and  who 
shall  take  and  subscribe  the  oath  and  shall  be  required  to  execute 
bond  to  the  city  of  Marseilles  in  like  manner.  The  mayor  shall 
report  all  such  temporary  appointments  to  the  city  council  at  its 
next  regular  n^eetipg ;  and  the  city  council  may  continue  or  dis¬ 
continue  the  same  at  its  discretion,  and  person  or  persons  ap¬ 
pointed  shall  receive  such  reasonable  compensation,  not  to  exceed 
two  dollars  per  day,  as  may  be  agreed  upon  by  the  mayor 
and  police  committee. 

Sec.  18.  Special  policemen.  The  mayor,  on  application 
being  made  to  him,  may  appoint  any  suitable  person  in  the  em¬ 
ploy  of  any  corporation,  association  or  firm,  a  special  policeman 
in  and  for  said  city;  or  he  may  appoint  any  person  employed  in 
any  other  branch  of  the  city  service  to  be  such  special  policeman. 
Special  policemen  shall  have  all  the  qualifications  required  in 
the  case  of  regular  policemen;  they  shall  take  and  subscribe  the 
same  oath,  give  like  bond,  exercise  "the  same  powers  and  be  sub¬ 
ject  to  the  same  rules  and  regulations  of  the  police  department, 
as  far  as  the  same  are  appliable  to  them:  provided,  however  that 
such  special  policemen  shall  receive  no  compensation  from  the 
city  for  their  services. 

Sec.  19.  Resistance  of  an  officer,  Penalty.  Whoever 
shall  resist  any  police  officer  or  member  of  the  police  department 
in  the  discharge  of  his  duty,  or  shall  in  any  way  interfere  with, 
or  hinder  or  prevent  him  from  discharging  his  duty  as  such  offi¬ 
cer  or  member  of  the  police  department, or  shall  offer  or  endeavor 
to  do  so,  and  whoever  shall  in  any  manner  assist  any  person  in 
custody  to  escape  or  attempt  to  rescue  any  person  so  in  custody, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 


64 


Police  Department. 


Sec  20.  Police  district  created.  There  is  hereby  created 
a  Police  District  in  the  city  of  Marseilles  to  be  known  as  the 
Factory  District  The  same  shall  consist  of  that  part  of  the  city 
south  of  the  Illinois  &  Michigan  canal  and  west  of  Grant  Street 
in  said  city, 

Sec.  21.  Watchman  in  district  to  act  as  policeman. 

The  Mayor  by  and  with  the  consent  of  the  city  council, 
is  hereby  empowered  to  appoint,  at  the  request  of  any 
person,  firm  or  corporation,  owning  or  operating  any  factory  in 
said  district,  any  person  selected  by  them  to  act  as  watchman, 
to  be  a  policeman  and  when  so  appointed  and  confirmed  by  the 
city  council  said  watchman  shall  possess  all  the  power  and  au¬ 
thority  of  a  policeman  to  act  within  said  district. 

Sec.  22.  Oath  and  bond.  Any  person  appointed  under 
this  section  shall,  before  entering  upon  his  duties,  take  the  oath 
of  office  prescribed  for  other  policemen  and  execute  a  like  bond 
to  the  city  of  Marseilles  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office  and  the  observance  of  the  laws  and 
ordinances  of  the  city. 

Sec.  23.  Person  or  corporation  to  make  written  re¬ 
quest.  Any  person,  firm  or  corporation  desiring  to  have 
any  watchman  appointed  under  this  ordinance  shall  make  a  writ¬ 
ten  request  to  the  mayor  and  shall  set  forth  in  said  request  that 
said  person,  firm  or  corporation  shall  be  responsible  for  all  pay 
and  expense  of  said  watchman,  and  that  the  city  of  Marseilles 
shall  not  be  held  for  any  expense  by  reason  of  said  appointment. 

Sec.  24.  Compensation  of  police.  All  policemen  pro¬ 
vided  for  under  this  ordinance  whose  compensation  is  not  here¬ 
in  fixed  shall  receive  such  compensation  as  the  city  council 
shall  hereafter  provide. 


Health  Officer 


65 


CHAPTER  XII. 

HEALTH  OFFICER. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 


Office  created — term. 

Qualifications — appointment — oath — bond. 

Keep  books. 

Advise  city  authorities — investigate  diseases. 

Enforce  laws  and  ordinances. 

Abate  nuisances — notices. 

Removal  and  care  of  persons  with  contagious  disease. 
Small-pox  and  other  notices. 

Order  vaccination — penalty. 

Remove  filth — prevent  spread  of  disease. 

Report  of  physicians. 

Health  inspector — appointment,  etc. 

Monthly  report. 

Annual  report — estimate  of  appropriations. 

Salary. 


Section  1.  Office  created — term.  There  is  hereby  ere 
ated  and  constituted  in  this  city  a  health  officer,  who  shall  have 
general  supervision  of  all  matters  pertaining  to  the  health  of 
the  city.  He  shall  hold  his  office  for  the  term  of  one  year,  and 
until  his  successor  is  appointed  and  qualified. 

Sec.  2.  Qualifications— appointment— oath — bond.  The 

health  officer  shall  be  a  regular  practicing  physician.  He  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Monday  in  May,  1905,  or  as  soon 
thereafter  as  may  be,  and  annually  thereafter.  He  shall,  be¬ 
fore  entering  upon  the  duties  of  his  office,  execute  a  bond  to  the 
city  of  Marseilles  in  the  penal  sum  or  five  hundred  dollars,  with 
such  sureties  as  the  city  council  shall  approve,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  shall  al¬ 
so  take  and  subscribe  the  oath  prescribed  by  law  for  city 
officers. 

Sec.  3.  Keep  books.  He  shall  keep  a  full  account  of  his 
proceedings  and  expenses  in  a  book  to  be  provided  for  that  pur¬ 
pose,  which  book  shall  be  the  property  of  the  city. 


66 


Health  Officer. 


Sec.  4.  Advise  city  authorities  -  investigate  diseases. 

The  health  officer  shall  give  the  mayor  and  other  city  authori¬ 
ties  all  such  professional  advice  and  information  as  they  may 
require  with  a  view  to  the  preservation  of  the  public  health; 
and  whenever  he  shall  hear  of  the  existence  of  any  malignant, 
contagious  or  pestilential  disease,  he  shall  investigate  the  same 
and  adopt  measures  to  arrest  its  progress. 

Sec.  5  Enforce  laws  and  ordinances.  It  is  hereby  made 
the  duty  of  the  health  officer  to  enforce  all  the  laws  of  the  state 
and  ordinances  of  the  city  in  relation  to  the  sanitary  regulations 
of  the  city,  and  cause  all  nuisances  to  be  abated  with  all  reason¬ 
able  promptness;  and,  for  the  purpose  of  carrying  out  the  fore¬ 
going  requirements,  he  shall  be  permitted  at  all  times,  from  the 
rising  to  the  setting  of  the  sun,  to  enter  into  any  house,  store, 
stable  or  other  building,  and  to  cause  the  floor  to  be  raised,  if 
he  shall  deem  it  necessary,  in  order  to  make  a  thorough  exami¬ 
nation  of  the  cellar,  vault,  sinks  or  drains;  and  to  cause  all 
privies  to  be  cleaned  and  kept  in  good  condition ;  and  to  cause 
all  dead  animals  or  other  nauseous  or  other  unwholesome  things 
or  substances  to  be  buried,  removed  or  disposed  of  as  he  may 
direct. 

Sec.  6.  Abate  nuisances — notices.  In  order  to  carryout 
the  provisions  of  the  foregoing  section,  it  is  hereby  made  the 
duty  of  the  health  officer  to  serve  a  notice,  in  writing,  upon  the 
owner,  occupant  or  agent  of  any  lot,  building  or  premises  in  or 
upon  which  any  nuisance  may  be  found,  or  who  may  be  the 
owner  or  cause  of  any  such  nuisance,  requiring  them  to  abate 
the  same  in  such  manner  as  he  shall  prescribe,  within  reason¬ 
able  time ;  such  notice  (and  all  other  notices  pertaining  to  the 
health  department)  shall  be  delivered  to  the  city  marshal  or  any 
policeman  of  said  city  to  serve ;  and  it  is  hereby  made  the  duty 
of  the  city  marshal  and  the  members  of  the  police  force  of  said 
city  to  serve  any  and  all  notices  which  may  be  delivered  to 
them  by  the  health  officer.  If  such  owner,  occupant  or  agent 
shall  neglect  or  refuse  to  comply  with  the  requirements  of  such 
order,  within  the  time  specified,  they  shall  be  subject  to  a  fine 
of  not  less  than  five  dollars  nor  more  than  two  hundred  dollars 
for  every  such  violation,  and  it  shall  be  the  duty  of  the  said 
officer  to  proceed  at  once,  upon  the  expiration  of  the  time 


Health  Officer. 


67 


specified  in  said  notice,  to  cause  such  nuisance  to  be  abated. 
The  expense  of  such  abatement  shall  be  collected  from  the  per¬ 
son  or  persons  who  may  have  created,  continued  or  suffered 
such  nuisance  to  exist. 

Sec.  7.  Removal  and  care  of  persons  with  contagious 
diseases.  It  shall  be  the  duty  of  the  health  officer  to  visit  and 
examine,  or  cause  the  same  to  be  done  by  a  competent  person, 
all  sick  persons  who  shall  be  reported  to  him  as  laboring,  or 
supposed  to  be  laboring,  under  any  contagious,  malignant,  in¬ 
fectious  or  pestilential  disease,  and  said  health  officer  may  cause 
any  person  within  the  city  having  any  contagious,  infectious  or 
pestilential  disease,  to  be  removed  to  some  safe  or  proper  place 
within  or  without  the  corporate  limits,  where  danger  from  con¬ 
tagion  will  be  avoided,  and  shall  provide  suitable  medical  and 
other  attendance  for  such  person,  at  his  or  her  own  expense,  if 
able  to  pay  the  same,  and  if  not,  at  the  expense  of  the  city: 
Provided,  that  if  any  such  person,  being  a  resident  of  the  city, 
shall  refuse  to  be  removed,  or  if  his  condition  be  such  that,  in 
the  opinion  of  the  attending  physician,  removal  would  be  at¬ 
tended  with  danger  to  his  life,  then  such  measures  shall  be 
taken  by  the  health  officer  as  may  be  deemed  most  advisable  to 
prevent  the  spreading  of  the  pestilence.  In  case  of  the  death 
of  any  such  person,  the  said  health  officer  shall  direct  the  man¬ 
ner  of  interment. 

Sec.  8.  Small-pox  and  other  notices.  It  shall  be  the 
further  duty  of  the  health  officer  to  cause  a  notice,  printed  in 
large  letters,  to  be  placed  upon  or  near  any  house  in  which  any 
person  may  be  affected  or  sick  with  small-pox,  scarlet  fever 
or  any  infectious,  pestilential  or  epidemic  disease,  upon  which 
shall  be  printed  the  name  of  such  disease;  and  if  any  person  or 
persons  shall  deface,  alter,  mutilate,  destroy  or  tear  down  such 
notice,  without  the  permission  of  the  health  officer,  such  person 
or  persons  shall  be  liable  for  each  offense  to  pay  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars. 

Sec.  9.  Order  vaccination — penalty.  The  health  officer 
may  take  such  measures  as  he  may,  from  time  to  time,  deem 
necessary  to  prevent  the  spread  of  small-pox,  by  issuing  an 


68 


Health  Officer 


order  requiring  all  persons  in  the  city  requiring  vaccination,  to 
be  vaccinated  within  such  time  as  he  shall  prescribe ;  and  all 
persons  refusing  or  neglecting  to  obey  such  orders  shall  be  liable 
to  a  fine  of  not  less  than  three  dollars  nor  more  than  fifty  dol¬ 
lars:  Provided,  that  it  shall  be  the  duty  of  the  health  officer 
to  provide  for  the  vaccination  of  such  persons  as  are  unable  to 
pay  for  the  same,  at  the  expense  of  the  city. 

Sec.  10.  Remove  filth — prevent  spread  of  disease.  He 

shall  have  power  to  cause  any  house  or  any  premises  to  be 
cleansed,  disinfected  or  closed  to  visitors  and  to  prevent  per¬ 
sons  from  resorting  thereto  while  any  person  is  laboring  under 
any  pestilential  or  infectious  disease ;  he  may,  by  an  order  in 
writing,  direct  any  nuisance  to  be  abated  or  unwholesome  mat¬ 
ter  or  substance,  dirt  or  filth,  to  be  removed  from  any  house  or 
premises,  and  may  prescribe  the  time  and  manner  of  so  doing, 
and  take  any  other  measures  he  may  deem  necessary  and  proper 
to  prevent  the  spread  of  any  infectious,  pestilential  or  epidemic 
disease ;  and  any  person  who  shall  neglect  or  refuse  to  obey  the 
orders,  directions  or  instructions  of  said  health  officer  shall  be 
fined  in  any  sum  not  less  than  five  dollars  nor  more  than  two 
hundred  dollars. 

Sec.  11.  Report  of  physicians.  Every  practicing  physi¬ 
cian  in  the  city  of  Marseilles  who  shall  have  any  patient  therein 
laboring  under  any  contagious,  infectious  or  pestilential  disease, 
shall  forthwith  make  report  thereof  in  writing  to  the  health 
officer,  stating  the  name  and  describing  the  locality  of  such  pa¬ 
tient  so  that  he  may  be  easily  found;  and  for  any  neglect  or 
failure  to  so  report,  such  physician  shall  incur  a  penalty  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  12.  Health  inspector — appointment,  etc.  There 

shall  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  at  such  times  and  for  such  periods 
as  exigencies  require,  a  health  inspector  or  inspectors.  Such 
inspector  shall  act  under  the  direction,  control  and  supervision 
of  the  health  officer,  and  shall  receive  such  compensation  as  the 
council  may  determine. 

Sec.  13.  Monthly  report.  The  health  officer  shall,  at  the 


Fire  Department. 


69 


first  regular  meeting  in  each  month,  make  to  the  city  council  a 
full  and  comprehensive  report  of  all  matters  pertaining  to  the 
health  of  the  city,  and  of  all  expenditures  incurred  in  said  de¬ 
partment. 

Sec.  14.  Annual  report — estimate  of  appropriations. 

The  health  officer  shall  annually,  on  or  before  the  first  Monday 
of  May,  make  to  the  city  council  a  full  and  comprehensive  state¬ 
ment  of  all  matters  pertaining  to  the  health  department  during 
the  year  and  of  all  expenditures  from  appropriations  for  the 
health  department,  together  with  an  estimate  in  detail  of  the 
appropriations  required  by  the  department  during  the  next  mu¬ 
nicipal  year. 

Sec.  15.  Salary.  The  health  officer  shall  receive  an 
annual  salary  of  one  hundred  dollars,  to  be  paid  in  quarterly  in¬ 
stallments,  in  lieu  of  all  other  compensation,  perquisite  or  bene¬ 
fit  in  any  form  whatsoever. 


CHAPTER  XIII. 

ARTICLE  I. 

FIRE  department. 
Section  1.  Department  created. 


ARTICLE  II. 
FIRE  MARSHAL. 


Section  1. 

Office  of  fire  marshal  created — appointment. 

2. 

Oath — bond. 

3. 

Powers  and  duties. 

4. 

Command  organization — tear  down  buildings 

5. 

Enforce  ordinances. 

6. 

Examine  places  liable  to  cause  fire. 

7. 

Prescribe  rules. 

8. 

Preferring  charges — suspension. 

9. 

Keep  a  record — annual  reports. 

10. 

Successor. 

11. 

Salary. 

70 


Fire  Department. 


Section  1. 

2. 

3. 

4. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 


Section  1 


ARTICLE  III. 

ASSISTANT  FIRE  MARSHAL. 

Office  of  assistant  fire  marshal  created. 

Oath — bond. 

Duties. 

Compensation. 

ARTICLE  IV. 

FIRE  DEPARTMENT. 

Marshal  under  the  control  of  mayor. 

Members  how  appointed. 

Control  of. 

Expense  of  how  defrayed. 

Not  to  go  beyond  city  limits  without  permission. 

Has  control  of  police  at  fires. 

To  cause  necessary  repairs. 

Penalty  for  neglecting  to  repair  as  directed. 

Fire  hose  not  to  be  driven  on. 

Fire  apparatus  not  to  be  obstructed. 

Marshal  to  appoint  commander  in  his  absence. 

Stove  pipes — how  erected. 

Stoves  and  pipes. 

Inspection  to  be  made — by  whom. 

Combustibles. 

Where  prohibited. 

Lamps  in  stables,  etc. 

Fires  not  to  be  kindled. 

Penalties. 

Duties  of  officers  to  enforce  this  chapter. 

Fire  marshal  may  examine  dwellings  and  other  buildings 
to  prevent  accumulation  of  combustibles. 

Owner  and  occupant  to  prevent  accumulation  of  com¬ 
bustibles. 

Removal  of  comoustibles — penalty. 

Fire  alarm  boxes  and  telegraph  apparatus  not  to  be 
interfered  with. 

Fire  alarm  apparatus  not  to  be  used  except  in  case  of  fire. 
Penalty. 

Firemen  empowered  to  make  and  cause  arrest. 
Compensation  of  firemen. 

ARTICLE  I. 

Fire  department. 

.  Department  created.  There  is  hereby  created 


Fire  Department 


7  1 


a  department  of  municipal  government  of  the  city  of  Marseilles 
which  shall  be  known  as  the  fire  department,  and  shall  embrace 
a  fire  marshal,  one  assistant  fire  marshal,  one  driver  who  shall 
be  the  city  teamster,  and  such  other  persons  as  may  from  time 
to  time  be  approved  by  the  council,  and  when  so  approved  of 
they  shall  be  enrolled  as  members  of  the  fire  department,  by 
the  city  clerk,  in  a  book  to  be  kept  for  that  purpose. 

ARTICLE  II. 

FIRE  MARSHAL. 

Section  1.  Office  of  fire  marshal  created — appointment. 

There  is  hereby  created  the  office  of  fire  marshal  of  the  city  of 
Marseilles.  He  shall  hold  his  office  for  the  term  of  one  year, 
and  until  his  successor  shall  be  appointed  and  qualified.  Said 
fire  marshal  shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Monday  in 
May  1904,  or  as  soon  thereafter  as  may  be  and  annually  there¬ 
after. 

Sec.  2.  Oath — bond.  The  fire  marshal  shall,  before 

entering  upon  the  duties  of  his  office,  take  and  subscribe  the 

* 

oath  prescribed  by  law  for  city  officers,  and  shall  execute  a  bond 
to  the  city  in  the  penal  sum  of  one  thousand  dollars,  with  sure¬ 
ties  to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

Sec.  3.  Power  and  duties.  Said  fire  marshal  shall  be 
the  chief  of  the  fire  department,  and,  subordinate  to  the  mayor 
and  the  committee  011  fire  and  water,  shall  have  full  command 
and  control  of  said  department  and  over  all  the  members  there¬ 
of.  He  shall  have  the  general  care  and  custody  of  the  engines, 
hose  carts  and  hose,  horses,  trucks,  hooks  and  ladders,  and  all 
other  property  and  equipment  belonging  to  the  fire  department, 
and  he  shall  personally  attend  to  all  repairs  required  to  be  made 
upon  the  same. 

Sec.  4.  Command  organization — tear  down  buildings. 

He  shall  attend  all  fires  occurring  within  the  city,  and  take  com¬ 
mand  of  the  organization,  and  shall  see  that  the  several  mem¬ 
bers  of  the  fire  department  faithfully  perform  their  respective 
duties.  With  the  concurrence  of  the  mayor  or  any  two  alder- 


72 


Fire  Department. 


men,  the  fire  marshal  may  order  the  tearing  down  and  removal 
of  any  building,  or  may  direct  the  blowing  up  of  any  building, 
when  in  either  case,  it  shall  be  deemed  necessary  to  check  the 
progress  of  any  fire. 

Sec.  5.  Enforce  ordinances.  It  shall  be  the  special  duty 
of  said  fire  marshal  to  see  that  all  the  ordinances  of  the  city, 
having  any  relation  to  the  protection  of  life  or  property  of  the 
city  from  fire,  or  relating  to  the  fire  department,  are  strictly  en¬ 
forced,  and  that  all  the  members  of  the  fire  department  are 
faithful  in  the  discharge  of  their  duties. 

Sec.  6.  Examine  places  liable  to  cause  fire.  It  shall  be 
the  duty  of  the  fire  marshal  to  visit  and  examine,  or  cause  the 
same  to  be  done,  all  places  reported  to  him  as  being  liable  to 
cause  or  occasion  the  breaking  out  or  spread  of  fire,  and  to 
make  such  orders  in  relation  thereto  as  the  protection  of  life 
and  the  property  in  the  city  may  require.  And  he  shall  in  the 
month  of  August  of  each  year  make  a  thorough  inspection  of 
all  the  chimneys  within  the  city,  and  all  chimneys  found  out  of 
repair  or  in  a  condition  to  render  the  same  in  his  judgment 
unsafe,  shall  be  at  once  put  in  proper  repair  by  the  owner  of  the 
property,  upon  the  notification  of  the  fire  marshal.  Any  per¬ 
son  failing  to  repair  as  required  under  this  section  shall  be  sub¬ 
ject  to  the  same  penalty  provided  for  in  section  9,  of  article  4, 
of  this  chapter. 

Sec.  7.  Prescribe  rules.  It  shall  be  the  duty  of  the  fire 
marshal,  in  conjunction  with  the  mayor  and  the  committee  on 
fire  and  water,  to  prescribe  such  rules  and  regulations  for  the 
fire  department  as  they  shall  deem  expedient  for  the  welfare 
and  efficiency  of  said  department. 

Sec.  8.  Preferring  charges — suspension.  He  may  either 
upon  his  own  knowledge  or  upon  information  communicated  to 
him  by  others,  prefer  formal  charges  to  the  committee  on  fire 
and  water  against  any  member  of  the  fire  department  for  in¬ 
competency,  neglect  of  duty,  disobedience  of  orders,  or  viola¬ 
tion  of  any  of  the  standing  rules  or  regulations  of  said  depart¬ 
ment;  and  pending  such  charges,  the  mayor  shall  suspend  such 
delinquent  member  from  duty,  and  such  suspension  shall  con¬ 
tinue  in  force  until  the  charges  can  be  investigated  by  the  com- 


Fire  Department. 


73 


mittee  on  fire  and  water,  and  final  action  taken  thereon  by  said 
committee  and  the  city  council. 

Sec.  9.  Keep  a  record — annual  report.  Said  fire  mar¬ 
shal  shall  keep  in  a  book  provided  by  the  city  for  such  purpose, 
a  full  and  accurate  record  of  all  the  property  and  equipments 
of  the  fire  department,  together  with  a  record  of  all  transac¬ 
tions  in  the  fire  department,  and  of  all  property  placed  in  his 
charge  and  custody;  and  he  shall  annually  at  the  close  of  each 
fiscal  year,  make  a  written  report  to  the  city  council,  showing 
the  condition  of  the  department  under  his  management,  to¬ 
gether  with  a  complete  list  of  all  fires  occurring  in  said  city  dur¬ 
ing  the  preceding  year,  the  date  and  location  of  each  fire,  the 
name  of  the  owner  of  the  property  destroyed,  the  cause  of  the 
fire,  loss  incurred  thereby,  amount  of  insurance,  and  such  in¬ 
formation  as  he  may  deem  important  to  the  city. 

Sec.  10.  Successor.  On  the  expiration  of  his  tern?,  of  of¬ 
fice,  or  his  resignation  thereof  or  removal  therefrom,  the  fire 
marshal  shall,  on  demand,  deliver  to  his  successor  in  office,  all 
books,  records,  equipments  and  property  of  every  description  in 
his  possession,  belonging  to  the  city  or  appertaining  to  his  office. 

Sec.  11.  Salary.  The  fire  marshal  shall  receive  an  annual 
salary  of  one  hundred  dollars,  to  be  paid  in  monthly  install¬ 
ments,  in  lieu  of  all  other  compensation,  perquisite  or  benefit  in 
any  form  whatsoever. 


ARTICLE  III. 

ASSISTANT  FIRE  MARSHAL. 

Section  1.  Office  of  assistant  fire  marshal  created — ap¬ 
pointment.  Th«re  is  hereby  created  the  office  of  assistant  fire 
marshal  of  the  city  of  Marseilles.  He  shall  hold  his  office  for 
the  term  of  one  year  and  until  his  successor  is  appointed  and 
qualified.  Such  assistant  fire  marshal  shall  be  appointed  by 
the  mayor,  by  and  with  the  advice  and  consent  of  the  city  coun¬ 
cil,  on  the  first  Monday  in  May  1904,  or  as  soon  thereafter  as 
may  be,  and  annually  thereafter. 

Sec.  2.  Oath — bond.  The  assistant  fire  marshal  shall, 
before  entering  upon  the  duties  of  his  office,  take  and  subscribe 
the  oath  prescribed  by  law  for  city  officers,  and  shall  execute  a 


74 


Fire  Department 


bond  to  the  city  in  the  penal  sum  of  five  hundred  dollars,  his 
sureties  to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

Sec.  3.  Duties.  In  case  of  the  temporary  absence  or  dis¬ 
ability  of  the  fire  marshal,  the  assistant  fire  marshal  shall  pos¬ 
sess  the  powers  and  exercise  the  duties  of  the  fire  marshal.  At 
all  other  times  the  assistant  fire  marshal  shall  be  under  the  di¬ 
rection  and  control  of  said  fire  marshal. 

Sec.  4.  Compensation.  The  assistant  fire  marshal  shall 
receive  as  compensation  the  same  amount  provided  for  firemen 
while  upon  duty. 

ARTICLE  IV. 

FIRE  DEPARTMENT. 

Section  1.  Marshal  under  the  control  of  mayor.  That 

the  fire  marshal  shall  be  subject  to  the  control  of  the  mayor  and 
citv  council,  and  may  be  removed  for  cause  at  anv  time  in  the 
same  manner  as  other  officers  appointed  under  the  city 
government. 

Sec.  2.  Members — how  appointed.  The  Alert  hose  com¬ 
pany  shall  each  year  and  as  often  thereafter  as  required  by  the 
city  council  select  from  the  membership  of  said  company  by 
ballot  the  number  of  firemen  required  by  the  city  council,  the 
same  to  be  placed  on  the  active  list  kept  by  the  city  clerk,  when 
confirmed  by  the  city  council,  and  thereupon  to  be  included  in 
the  fire  department  of  the  city  of  Marseilles.  All  other  mem¬ 
bers  of  the  Alert  hose  company  to  be  placed  on  a  reserve  list  to 
be  also  kept  by  the  clerk,  which  may  be  subject  to,  call  from 
time  to  time  as  the  city  council  may  require. 

Sec.  3.  Control  of.  That  the  exclusive  control  of  the 
fire  department  in  all  matters  except  expenditures  is  hereby 
vested  in  the  mayor  and  fire, marshal. 

Sec.  4.  Expenses  of  how  defrayed.  No  money  shall  be 
paid  out  for  said  fire  department,  or  repairs  made,  or  supplies 
of  any  kind  purchased  for  said  fire  department,  without  the 
permission  of  the  city  council  except  in  the  case  of  minor  ex¬ 
penses  by  some  sudden  exigency,  and  in  such  case  the  commit¬ 
tee  on  fire  and  water,  and  fire  marshal  shall  have,  power  to  act. 


Fire  Department. 


75 


Sec.  5.  Not  to  go  beyond  city  limits  without  permission. 

No  part  of  the  fire  department  shall  be  permitted  to  go  with  any 
fire  apparatus  of  the  fire  department  beyond  the  limits  of  the 
city7'  without  the  consent  of  the  city  council,  unless  it  be  to  at¬ 
tend  fires  in  adjacent  cities  or  the  suburbs,  when  it  will  be 
necessary  to  obtain  the  consent  of  the  mayor,  or  in  his  absence 
the  consent  of  the  committee  on  fire  and  water. 

Sec.  6.  Has  control  of  police  at  fires.  That  the  fire 
marshal  shall  have  sole  control  of  the  police  when  at  fires,  as 
well  as  all  persons  present,  and  may  appoint  persons  to  assist 
in  protecting  property  in  such  manner  as  he  may  deem  neces¬ 
sary,  the  council  to  pay  such  persons  a  reasonable  compensation 
for  service  so  rendered  when  so  recommended  by  the  fire 
marshal. 

Sec.  7.  To  cause  necessary  repairs.  The  fire  marshal 
is  hereby  authorized  to  examine  any  building  in  the  city  as 
often  as  he  may  deem  necessary,  and  to  cause  the  owners  or 
occupants  thereof  to  make  such  repairs  as  may  be  necessary  for 
the  protection  of  property  and  life;  and  no  building  erected 
within  the  city  limits  in  which  fire  is  to  be  used  shall  be 
plastered  until  inspected  by  the  fire  marshal,  the  owners  or 
builders  of  such  building  to  report  to  the  fire  marshal  when 
such  building  is  ready  for  inspection. 

Sec.  8.  Penalty  for  neglecting  to  repair  as  directed.  Any 

person  refusing  or  neglecting  to  make  such  repairs  as  provided 
in  the  foregoing  section,  when  ordered  so  to  do  by  the  fire  mar¬ 
shal,  or  such  report  as  herein  provided,  shall  at  the  expiration 
of  five  days  from  the  time  of  such  notification  concerning  re¬ 
pairs,  or  failure  concerning  such  report,  on  conviction,  forfeit 
and  pay  a  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars  for  such  refusal  or  neglect:  Provided,  however,  that  any 
party  feeling  himself  aggrieved  by  the  act  of  the  fire  marshal 
may  before  prosecution  is  commenced,  have  an  appeal  to  the 
committee  on  fire  and  water,  and  if  upon  investigation,  the 
committee  find  that  said  party  has  not  violated  the  provisions 
of  the  preceding  section  of  this  chapter,  then  no  prosecution 
shall  be  commenced.  If,  however,  the  committee  find  that  said 
party  has  violated  said  section  of  this  chapter,  then  the  fire 
marshal  may  proceed  against  said  offenders  as  in  other  cases. 


76 


Fire  Department. 


Sec.  9.  Fire  hose  not  to  be  driven  on.  No  wagon,  street 
railroad  car  or  other  vehicle  shall  be  driven  over  any  unpro¬ 
tected  hose  of  the  fire  department  of  the  city  of  Marseilles,  when 
laid  down  in  any  street  or  alley,  to  be  used  at  any  fire  or  alarm 
of  fire,  without  the  consent  of  the  fire  marshal  or  the  assistant 
in  command,  and  the  person  violating  this  section  shall  be  sub¬ 
ject  to  the  penalty  of  not  less  than  three  dollars  nor  more  than 
one  hundred  dollars  for  each  offense.  The  fire  marshal  shall 
procure  and  cause  to  be  carried  with  each  hose  cart  at  every 
alarm  of  fire  efficient  protectors,  which  shall  be  laid  down  when 
said  hose  is  laid  on  any  street  or  alley,  in  such  manner  as  to 
protect  said  hose  from  injury  when  vehicles  are  driven  over 
the  same. 

Sec.  10.  Fire  apparatus  not  to  be  obstructed.  That 
whomsoever  shall  ride  or  drive  any  horse,  mule  or  other  animal, 
or  shall  propel  any  vehicle  or  ride  a  bicycle  or  walk  or  run  in 
front  of  the  fire  apparatus,  or  any  portion  thereof,  of  the  city 
of  Marseilles,  when  the  fire  department  of  said  city  of  Marseilles, 
or  any  portion  of  the  same  shall  be  responding  to  an  alarm, 
whether  there  is  a  fire  or  not,  then  the  person  or  persons  so  get¬ 
ting  in  front  of  any  of  said  apparatus  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof  shall  be  fined  in  a  sum 
of  not  less  than  twenty-five  dollars  and  not  more  than  two  hun¬ 
dred  dollars,  and  it  shall  be  the  duty  of  the  police  or  firemen  to 
arrest  all  persons  violating  the  provisions  of  this  section. 

Sec.  11.  Marshal  to  appoint  commander  in  his  absence. 

The  fire  marshal  shall  designate  some  discreet  and  competent 
person,  who  shall  have  command  at  all  fires  from  which  such 
fire  marshal  or  his  assistant  may  from  any  cause  be  absent,  and 
when  so  designated  and  the  members  of  the  fire  department  duly 
notified  thereof,  he  shall  exercise  like  powers  as  may  be  exer¬ 
cised  by  the  fire  marshal  if  present. 

Sec.  12.  Stove  pipes — how  erected.  No  person  shall 
erect  or  use  any  stove  or  stovepipe  in  the  city  of  Marseilles,  ex¬ 
cept  in  accordance  with  the  following  provisions  of  this 
chapter. 

Sec.  13.  Stoves  and  pipes.  Every  stove  in  use  shall  be 
placed  upon  a  floor  or  platform  of  bricks  or  zinc,  or  other  in- 


Fire  Department 


77 


combustible  material,  of  sufficient  thickness  and  extent  to  pre¬ 
vent  all  danger  of  fire  to  any  floor  or  other  woodwork  from  such 
stove;  and  all  other  fire-places  and  hearths  of  every  description 
shall  be  kept  in  good  and  sufficient  repair  to  prevent  any  danger 
from  fire;  stove  pipes  shall  not  be  less  than  three  inches  from 
wood  or  other  combustible  materials,  unless  there  be  a  double 
circle  of  tin  connected  together  and  air  holes  between  the  con¬ 
nection  and  the  wood  or  other  combustible  materials ;  and  all 
horizontal  pipes  or  portions  of  pipes  not  perpendicular,  shall  be 
supported  by  wires  or  other  proper  supporters,  so  as  to  prevent 
all  danger  of  the  falling  of  such  pipes;  no  stove  pipe  shall  dis¬ 
charge  or  terminate  at  any  distance  less  than  three  feet  from 
the  roof  or  any  other  wood  work  of  any  building  so  as  to  en¬ 
danger  the  same,  nor  into  any  street  or  alley. 

Sec.  14.  Inspection  to  be  made — by  whom.  It  shall  be 
the  duty  of  the  mayor,  aldermen,  chief  of  policemen  and  fire 
marshal  of  the  fire  department  in  said  city,  to  examine  care¬ 
fully  at  all  times  during  the  year,  every  house,  store,  warehouse, 
shop  or  building,  and  place  for  the  keeping  and  deposit  of 
ashes,  chips  or  shavings,  and  also  to  remove  and  abate  any 
cause  from  which  immediate  danger  of  fire  may  be  apprehend¬ 
ed,  and  to  cause  all  buildings,  chimneys,  stoves,  pipes,  hearths, 
ovens,  boilers,  ash  houses,  ash  barrels,  smokehouses'  and  all  fix¬ 
tures,  things  and  apparatus  used  in  or  about  every  building 
which  shall  be  found  in  such  a  condition  as  to  be  considered 
unsafe  to  be  without  delay,  at  the  expense  of  the  owner  or 
occupant  thereof,  put  in  such  condition  as  not  to  be  dangerous 
in  causing  or  promoting  fires. 

Sec.  15.  Combustibles.  No  hay,  straw  or  other  com¬ 
bustible  material  or  substance  shall  be  placed  or  deposited  in 
said  city,  within  twenty  feet  of  any  place  where  fire  or  ashes  are 
kept,  unless  the  same  be  kept  in  a  close  and  secure  building. 

Sec.  16.  Where  prohibited.  No  person  shall  deposit  or 
stack  any  hay,  straw,  or  other  combustible  substance  within 
forty  feet  of  any  dwelling  house  or  other  building  in  said  city, 
where  fire  may  be  kept. 

Sec.  17.  Lamps  in  stables,  etc.  No  lighted  candle  or 
lamp  shall  be  used  in  any  stable,  barn  or  other  place  or  build- 


78 


Fire  Department. 


ing  where  hay,  straw  or  other  combustible  material  shall  be 
kept,  unless  the  same  shall  be  well  secured  in  a  lantern  ;  nor 
shall  any  fire  be  kept  in  any  stove  or  other  place  in  any  such 
building  or  room  where  combustible  material  is  kept,  unless  in 
such  a  manner  as  the  fire  marshal  and  chief  of  police,  by  written 
permission,  shall  authorize  and  allow,  nor  shall  any  person 
carry  fire  in  or  through  any  street  or  lot  or  other  public  or  pri¬ 
vate  place,  except  the  same  be  placed  or  covered  in  some  close 
or  secure  pan  or  vessel. 

Sec.  18.  Fires  not  to  be  kindled.  No  person  shall  make 
or  kindle  any  fire  in  any  of  the  streets,  lanes,  avenues,  alleys, 
public  square  or  grounds  of  the  city  of  Marseilles.  Nor  shall 
any  person  make  or  kindle  any  fire  on  any  private  lot  in  said 
city,  if  there  be  danger  of  fire  to  any  buildings  in  the  neighbor¬ 
hood  of  the  same,  unless  the  person  so  making  or  kindling  shall 
personally  watch  the  said  fire. 

Sec.  19.  Penalties.  Any  person  or  persons  who  shall  vio¬ 
late  any  of  the  provisions  of  the  foregoing  sections  of  this  chap¬ 
ter  shall,  on  conviction,  forfeit  and  pay  a  fine  of  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  every 
offense. 

Sec.  20.  Duties  of  officers  to  enforce  this  chapter.  It 

.shall  be  the  duty  of  the  officers  named  in  this  chapter  to  see 
that  all  of  the  provisions  herein  are  complied  with,  and  to  make 
complaint  before  a  police  magistrate  for  any  violation  of  the 
same. 

Sec.  21.  Fire  marshal  may  examine  dwellings  and 
other  buildings  to  prevent  accumulation  of  combustibles.  It 

shall  be  the  duty  of  the  fire  marshal  of  the  city  of  Marseilles,  to 
carefully  examine  every  dwelling,  store,  shop,  workhouse  or 
other  building  wdthin  the  limits  of  the  city  of  Marseilles,  and  the 
several  basements,  attics  and  vacant  or  unoccupied  rooms  and 
apartments  thereof,  for  the  purpose  of  preventing  the  accumu¬ 
lation  of  combustible  material  in  such  basement,  attics,  vacant 
or  unoccupied  rooms  and  apartments. 

Sec.  22.  Owner  and  occupant  to  prevent  accumulation 
of  combustibles.  It  shall  be  the  duty  of  the  owner  and  occu¬ 
pant  of  any  such  dwelling,  store,  shop,  workhouse  or  other 


Fire  Department 


79 


building  to  prevent  the  accumulation  of  ashes,  chips,  shavings, 
waste  paper,  kindling  or  other  combustible  material  from  which 
immediate  danger  of  fire  may  be  apprehended  in  any  such  base¬ 
ment,  attic,  vacant  or  unoccupied  rooms  and  apartments. 

Sec.  23.  Removal  of  combustibles — penalty.  Any  owner 
or  occupant  of  any  dwelling,  store,  shop,  warehouse  or  other 
building  who  shall  suffer  or  permit  the  accumulation  of  ashes, 
chips,  shavings,  waste  paper  or  other  combustible  material  from 
which  immediate  danger  of  fire  may  be  apprehended,  in  any 
such  basement/attic,  vacant  or  unoccupied  rooms  and  apart¬ 
ments,  shall,  within  twenty-four  hours  after  being  notified  by 
the  fire  marshal  so  to  do,  remove  all  such  ashes,  chips,  shavings, 
waste  paper,  kindling  and  other  combustible  material  from 
which  immediate  danger  of  fire  may  be  apprehended,  from  such 
basement,  attic,  vacant  or  unoccupied  rooms  and  apartments, 
and  any  such  owner  or  occupant  who  shall  fail,  neglect  or  re¬ 
fuse  to  remove  the  same  as  directed  by  the  fire  marshal  shall, 
upon  conviction,  be  fined  in  a  sum  not  less  than  twenty  five 
dollars  and  not  more  than  two  hundred  dollars. 

Sec.  24.  Fire  alarm  boxes  and  telegraph  apparatus  not 
to  be  interfered  with.  No  person  other  than  those  employed 
on  the  fire  department  of  the  city  of  Marseilles,  or  the  mayor, 
members  of  the  city  council  or  heads  of  departments  of  said 
city,  shall  open,  meddle  with,  derange,  or  in  any  manner  what¬ 
soever  interfere  with  any  signal,  fire  alarm  box,  key  box,  fire 
alarm  telegraph  wire  or  other  apparatus  or  equipment  used  in 
and  about  the  transmission  of  fire  alarms,  except  in  cases  of 
fire  or  other  emergency  requiring  the  presence  of  the  fire  de¬ 
partment  of  said  city. 

Sec.  25.  Fire  alarm  apparatus  not  to  be  used  except  in 
case  of  fire.  No  person  other  than  those  employed  in  the  fire 
department  of  said  city,  or  the  mayor,  members  of  the  city 
council  or  heads  of  departments  of  said  city,  shall  turn  in  an 
alarm  of  fire  by  means  of  the  use  of  signal  fire-alarm  boxes  or 
fire  alarm  telegraph  wires,  or  any  apparatus  or  equipment  used 
and  employed  by  said  city  for  the  transmission  of  a  fire  alarm 
when  no  fire  exists. 

Sec.  26.  Penalty.  Any  person  found  guilty  of  a  violation 


80 


Fire  Department. 


of  any  of  the  provisions  of  this  ordinance  shall  be  fined  in  a  sum 
not  less  than  fifty  dollars  and  not  more  than  two  hundred  dol¬ 
lars,  and  may  upon  the  order  of  the  court  or  magistrate  before 
whom  the  conviction  is  had,  be  committed  to  the  county  jail, 
calaboose,  city  prison,  workhouse,  house  of  correction  or  other 
place  provided  by  the  said  city  for  the  incarceration  of  of¬ 
fenders,  until  such  fine,  penalty  and  costs  shall  be  fully  paid: 
Provided,  that  no  such  imprisonment  shall  exceed  six  months 
for  any  one  offense. 

Sec.  27.  Firemen  empowered  to  make  and  cause  arrests. 

That  for  the  purpose  of  the  better  enforcement  of  this  ordi¬ 
nance,  the  fire  marshal  and  the  driver  in  the  employ  of  the 
fire  department  of  said  city  be,  and  they  arc,  hereby  severally 
empowered  to  arrest  or  cause  to  be  arrested,  with  or  without 
process,  all  persons  who  shall  be  found  violating  any  of  the 
provisions  of  this  ordinance,  and  for  such  purpose  said  fire  mar¬ 
shal  and  driver  are  hereby  clothed  with  all  the  common  law 
and  statutory  power  of  constables. 

Sec  28.  Compensation  of  firemen.  All  firemen  in  the 
employment  of  the  fire  department  not  otherwise  provided  for 
shall  receive  as  compensation  the  sum  of  fifty  cents  per  hour 
when  engaged  in  active  duty  for  the  city  either  upon  the  at¬ 
tendance  by  them  at  fires  or  other  work  required  by  the  city 
council  and  they  shall  not  receive  any  other  pay  or  benefit 
whatsoever. 


Corporation  Counsel. 


81 


CHAPTER  XIV. 


CORPORATION  COUNSEL. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 


Corporation  Counsel.  Appointment — oath — bond. 
Legal  adviser. 

To  draw  and  examine  papers. 

To  prosecute  and  defend  suits. 

To  collect  judgments. 

To  turn  over  money. 

Power  to  dismiss  suits. 

Appeal  from  justice. 

Annual  report. 

Revise  ordinances. 

To  keep  record. 

Accidents. 

Shall  turn  over  to  successor. 

Employment  of  deputy. 

Salary. 

Repeal. 


Section  1.  Corporation  counsel  —  appointment  —  oath 
— bond.  That  a  corporation  counsel  shall  be  appointed  by  the 
mayor  and  with  the  advice  and  consent  of  the  city  council  on 
the  first  Monday  in  May,  1905,  or  as  soon  thereafter  as  prac¬ 
ticable,  and  annually  thereafter.  Such  corporation  counsel 
shall  be  a  duly  licensed  attorney,  residing  in  La  Salle  county, 
Illinois.  Before  entering  upon  the  duties  of  his  office  he  shall 
take  the  oath  prescribed  for  other  city  officers  and  enter  into 
a  bond  in  the  penal  sum  of  one  thousand  dollars,  with  good  and 
sufficient  sureties  to  be  approved  by  the  city  council,  con¬ 
ditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 

Sec.  2.  Legal  adviser.  The  corporation  counsel  shall  be 
the  legal  adviser  of  the  city  council  or  an]/  officer,  in  all 
matters  of  law  in  which  the  interests  of  the  city  are  involved. 
He  shall,  when  required  by  the  mayor,  city  clerk,  city  treasurer, 
or  any  member  of  the  city  council,  furnish  written  opinions  up¬ 
on  any  subject  submitted  to  him,  pertaining  to  the  city  or  its 
interests. 


82 


Corporation  Counsel. 


Sec.  3.  To  draw  and  examine  papers.  The  corporation 

counsel  shall  draw  such  ordinances,  deeds,  leases,  bonds,  con¬ 
tracts,  notices,  or  such  other  instruments  in  writing  as  may  be 
required  of  him  by  the  mayor,  city  council  or  any  committee 
thereof,  and  he  shall  examine  and  pass  upon  the  legality  of  any 
and  all  papers  pertaining  to  the  city  or  its  interests  when  re¬ 
quired  so  to  do,  by  the  mayor,  city  council  or  any  committee 
thereof. 

Sec.  4.  To  prosecute  and  defend  suits.  The  corporation 
counsel  shall  prosecute  or  defend  in  behalf  of  the  city  all  cases 
in  which  the  interests  of  the  city  are  involved,  except  for  vio¬ 
lations  of  the  city  ordinances  in  action  before  justices  of  the 
peace  or  police  magistrates,  and  the  city  clerk  shall  furnish  him 
with  certified  copies  of  any  ordinance,  bond  or  other  papers  in 
his  keeping  necessary  to  be  filed  or  used  in  any  suit  or  pro¬ 
ceeding. 

Sec.  5.  To  collect  judgments.  The  corporation  counsel 
shall  cause  executions  to  be  issued  upon  all  judgments  recovered 
in  favor  of  the  city,  except  before  justices  of  the  peace  and  po¬ 
lice  magistrates,  and  see  to  their  prompt  collection.  He  shall 
examine  all  fee  bills  of  officers  of  courts  and  certify  to  the  cor¬ 
rectness  of  the  same,  and  the  liability  of  the  city  therefor. 

Sec.  6.  To  turn  over  money.  The  corporation  counsel 
shall  turn  over  all  moneys  of  the  city  which  may  come  into  his 
hands  to  the  city  treasurer  within  one  week  after  the  receipt 
thereof,  and  shall  take  and  hie  such  treasurer’s  receipt  thereof. 

Sec.  7.  Power  to  dismiss  suits.  The  corporation  counsel 
shall  not  be  required  to  prosecute  any  suit  or  action  arising 
under  the  ordinances  of  the  city  when  upon  investigation  of  the 
same  he  shall  become  satisfied  that  the  complaint  is  instituted 
maliciously  and  vexatiously  and  without  probable  cause,  and 
he  shall  be  authorized  to  discontinue  said  suit  or  proceeding 
upon  such  terms  as  may  be  just  and  equitable. 

Sec.  8.  Appeal  from  justice.  An  appeal  may  be  taken 

by  the  corporation  counsel  from  the  judgment  of  any  police 
magistrate  or  justice  of  the  peace  to  the  county  or  circuit  court 
of  La  Salle  county,  in  any  case  when,  in  his  opinion,  the  public 
interests  so  require  it,  and  he  shall  conduct  such  appeal  when 


Corporation  Counsel. 


83 


so  directed  bv  the  city  council,  but  no  appeal  or  writ  of  error 
shall  be  taken  by  said  corporation  counsel  in  behalf  of  the  city 
to  any  higher  court  unless  the  same  shall  be  authorized  by  the 
mayor  or  directed  by  the  city  council. 

Sec.  9.  Annual  report.  The  corporation  counsel  shall 
annually  on  or  before  the  first  Monday  in  April  in  each  year  re¬ 
port  in  writing  to  the  city  council  all  suits  instituted  and  pend¬ 
ing  in  the  courts  of  record  wherein  the  city  of  Marseilles  is  plain¬ 
tiff  or  defendant.  In  said  report  he  shall  state  the  names  of 
the  parties  to  the  suits;  the  date  of  their  commencement;  the 
nature  thereof  and  the  several  steps  taken  by  him  to  bring  the 
same  to  a  final  issue,  and  he  shall  give  a  list  of  all  cases  disposed 
of  in  any  court  of  record  during  his  term  of  office  and  subse¬ 
quent  to  his  last  report,  with  such  explanatory  remarks  as  he 
may  think  proper  to  add  thereto,  to  the  end  that  the  council 
may  keep  fully  advised  as  to  the  legal  affairs  of  the  city. 

Sec.  10.  Revise  ordinances.  The  corporation  counsel 
shall  on  or  before  the  first  day  of  July  in  each  year  prepare  and 
submit  to  the  city  council  a  complete  revision  and  consolidation 
of  all  ordinances  passed  by  the  council  during  the  preceding 
fiscal  year,  which  revision  shall  be  carefully  indexed  and  ar¬ 
ranged  in  proper  chapters  and  sections  of  the  latest  revision  of 
the  ordinances.  And  he  shall  file  and  preserve  in  his  office  one 
or  more  copies  of  such  revision. 

Sec.  11.  To  keep  record.  It  shall  be  the  duty  of  the 
corporation  counsel,  in  a  suitable  book  to  be  provided  by  the 
city  for  that  purpose,  to  keep  a  record  of  all  written  opinions 
given  or  furnished  by  him  to  said  city,  and  he  shall  also  keep  a 
register,  to  be  provided  by  said  city,  of  all  actions  in  courts  of 
record  prosecuted  or  defended  by  him  in  which  the  city  was  a 
party,  and  of  the  various  proceedings  in  connection  therewith, 
and  such  books  shall,  at  all  reasonable  hours,  be  subject  to  in¬ 
spection  or  examination  by  the  mayor  or  any  member  of  the 
city  council. 

Sec.  12.  Accidents.  It  shall  be  the  duty  of  the  corpora¬ 
tion  counsel  immediately  upon  being  informed  of  the  happen¬ 
ing  of  any  accident  which  may  result  in  an  action  for  damages 
against  the  city,  to  investigate  the  facts  in  connection  therewith, 


84 


Corporation  Counsel. 


and,  as  far  as  possible,  secure  and  preserve  statements  of  all 
witnesses. 

Sec.  13.  Shall  turn  over  to  successor.  Upon  the  expi¬ 
ration  of  his  term  of  office  or  resignation  or  removal  therefrom, 
the  corporation  counsel  shall  forthwith  turn  over  to  his  successor 
in  office  all  deeds,  leases,  papers  or  books  in  his  hands  belong¬ 
ing  to  the  city,  together  with  a  statement  in  writing  showing 
what  action,  if  any,  has  been  taken  in  any  action  or  actions 
pending  or  likely  to  be  instituted  wherein  the  city  is  or  may  be 
a  party,  and  giving  such  information  as  he  may  possess  with 
respect  to  evidence  or  witnesses  in  such  action  or  actions. 

Sec.  14.  Employment  of  deputy.  The  corporation  coun¬ 
sel  shall  in  case  of  absence  or  in  case  he  is  otherwise  unable  to 
attend  to  the  duties  of  his  office,  at  his  own  expense,  appoint 
some  competent  attorney  to  act  in  his  place,  and  in  such  case 
the  corporation  counsel  shall  be  responsible  for  the  official  con¬ 
duct  of  such  attorney  so  appointed  while  he  is  acting  for  the 
citv. 

m/ 

Sec.  15.  Salary.  The  corporation  counsel  shall  receive 
an  annual  salary  of  two  hundred  and  fifty  dollars  ($250.00),  to 
be  paid  in  quarterly  installments,  and  in  addition  he  shall  be 
repaid  all  expenses  actually  incurred  by  him  for  car  fare  or 
otherwise,  when  engaged  in  the  business  of  the  city,  and  he 
shall  receive  no  other  compensation,  perquisite  or  bene  lit  what¬ 
soever. 

Sec.  16.  Repeal.  All  ordinances  and  parts  of  ordinances 
in  conflict  hereby  are  repealed. 


The  City  Council. 


85 


CHAPTER  XV. 

THE  CITY  COUNCIL. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 


The  city  council — how  composed — filling  vacancies. 
Qualifications  of  aldermen. 

Regular  meetings. 

Special  meetings. 

Appointment  of  committees. 

Duties  of  standing  committees. 

Quorum. 

Compelling  attendance. 

Members  required  to  vote. 

Reconsideration . 

Report  of  committee — when  laid  over. 

Territorial  jurisdiction. 

Publication  of  ordinances — when  take  effect. 

Passing  ordinance  over  veto. 

When  yeas  and  nays  required. 

Municipal  year. 

Fiscal  year. 

Borrow  money — limitation. 

Annual  appropriation  ordinance. 

Limitation  of  expenditures. 

No  contract  without  appropriation. 

Annual  tax  levy. 

Special  tax  levy. 

Uniformity  of  taxation. 

Powers  of  the  city  council. 

Compensation. 


Section  1.  The  council — how  composed — filling  va 

cancies.  The  city  council  shall  consist  of  the  mayor,  and  two 
aldermen  from  each  ward;  it  shall  be  judge  of  the  election  and 
qualification  of  its  own  members,  and  in  case  any  vacancy  shall 
occur  in  the  office  of  alderman  by  death,  resignation,  removal 
or  other  cause  such  vacancy  shall  be  filled  by  election. 

Sec.  2.  Qualifications  of  aldermen.  No  person  shall  be 
eligible  to  the  office  of  alderman  unless  he  shall  be  a  citizen  of 
the  United  States,  a  qualified  elector  and  reside  within  the  ward 


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The  City  Council. 


for  which  he  was  elected,  nor  shall  he  be  eligible  if  he  is  in  ar¬ 
rears  in  the  payment  of  taxes  or  any  other  liability  due  the  city; 
nor  shall  he  be  directly  or  indirectly  interested  in  any  contract 
whatever  to  which  the  city  is  a  party;  nor  shall  he  be  eligible  if 
he  shall  have  been  convicted  of  malfeasance,  bribery  or  corrupt 
practices  or  crime ;  nor  shall  he  be  eligible  to  any  office  the  sal¬ 
ary  of  which  is  payable  out  of  the  city  treasury,  if  at  the  time 
of  his  appointment  he  shall  be  a  member  of  the  city  council ; 
nor  shall  any  member  of  the  city  council  at  the  same  time  hold 
any  other  office  under  the  city  government;  nor  shall  he  be, 
either  directly  or  indirectly,  individually  or  as  a  member  of  a 
firm,  engaged  in  any  business  transaction  (other  than  official) 
with  such  city,  through  its  mayor  or  any  of  its  authorized 
boards,  agents  or  attorneys,  whereby  any  money  is  to  be  paid 
directly  or  indirectly,  out  of  the  city  treasury  to  such  member 
or  firms;  nor  shall  any  member  of  the  city  council  sign  any  bond 
in  any  case  wherein  the  city  of  Marseilles  is  interested;  and  such 
aldermen  shall  hold  their  office  for  the  term  of  two  years  and 
until  their  successors  are  elected  and  qualified. 

Sec.  3.  Regular  meetings.  Regular  meetings  of  the  city 
council  of  the  city  of  Marseilles  shall  be  held  in  the  council 
chamber  at  the  city  hall  on  the  first  Monday  of  each  month 
during  the  year  at  eight  o’clock  p.  rn.,  except  when  such  Mon¬ 
day  shall  be  a  public  holiday,  in  which  case  the  council  shall 
meet  at  the  same  hour  the  day  folio wfing.  Adjourned  meetings 
may  be  held  for  the  purpose  of  completing  the  unfinished  busi¬ 
ness  of  the  regular  meeting  at  such  time  or  times  during  the 
week  as  may  be  determined  by  the  council. 

Sec.  4.  Special  meetings.  Special  meetings  of  the 
city  council  may  be  called  by  the  mayor  or  any  three  aldermen 
whenever,  in  their  discretion,  it  is  deemed  necessary,  in  which 
event  such  meeting  shall  be  called  in  the  following  manner: 
The  mayor  or  any  three  aldermen  as  the  case  may  be,  shall  file 
in  the  office  of  the  city  clerk  a  statement  in  writing,  setting 
forth  the  object  and  purpose  of  such  meeting  and  directing  the 
clerk  to  give  notice  of  the  sarnie.  The  city  clerk  shall  thereupon 
cause  to  be  served  personally  upon  each  member  of  the  council 
or  left  at  his  residence  or  usual  place  of  business,  a  notice  of  the 
time,  place  and  object  of  said  special  meeting,  which  notice  shall 


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87 


be  served  at  least  six  hours  before  the  time  of  holding  such 
special  meeting.  No  business  other  than  that  mentioned  in 
such  notice  shall  be  transacted  at  such  special  meeting. 

Sec.  5.  Appointment  of  committees.  It  shall  be  the  duty 
of  the  mayor,  at  the  first  regular  meeting  of  the  council  in  May 
of  each  year  or  as  soon  thereafter  as  practicable,  to  appoint 
nine  standing  committees  of  the  city  council,  to  consist  of  three 
aldermen  to  each  committee,  and  shall  be  as  follows: 

1.  Committee  on  finance. 

2.  Committee  on  streets  and  alleys. 

3.  Committee  on  judiciary. 

4.  Committee  on  fire  and  water. 

5.  Committee  on  license. 

6.  Committee  on  police  and  health. 

7.  Committee  on  lights. 

8.  Committee  on  public  buildings  and  grounds, 

9.  Committee  on  sewers. 

Sec.  6.  Duties  of  standing  committees — chairman.  It 

shall  be  the  duty  of  the  standing  committees  of  the  city  council 
to  maintain  close  watch  of  the  affairs  of  their  respecti  ve  depart¬ 
ments  of  the  city  government;  they  shall  have  the  general  man¬ 
agement,  control  and  supervision  over  all  works  and  things 
ordered  by  the  council  in  their  respective  departments,  and  they 
shall  report  to  the  council  such  facts  that  they  deem  of  import¬ 
ance  in  connection  therewith.  Each  committee  shall  promptly 
and  thoroughly  investigate  and  report  in  writing  upon  all  mat¬ 
ters  referred  to  it  by  the  council,  and  the  chairman  thereof  shall 
promptly  return  to  the  city  clerk  all  petitions,  resolutions, 
orders,  claims  and  other  papers  which  have  been  delivered  to 
him,  and  said  committees  shall  do  and  perform  such  other  and 
further  duties  as  the  council  may  from  time  to  time  direct. 

Sec.  7.  Quorum.  A  majority  of  the  aldermen  elect  shall 
constitute  a  quorum  to  do  business,  but  a  smaller  number  may 
adjourn  from  time  to  time,  and  may  compel  the  attendance  of 
absentees,  under  the  penalties  prescribed  in  section  eight  of 
this  chapter. 

Sec.  8.  Compelling  attendance.  In  case  there  be  no 
quorum  at  any  meeting  of  the  city  council,  it  shall  be  the  duty 


88 


The  City  Council. 


of  the  mayor,  if  a  majority  of  the  members  present  so  direct,  to 
order  the  city  marshal  or  any  police  officer  to  immediately  ar¬ 
rest  and  bring  in  all  absent  members  that  can  be  found  in  the 
city,  who  are  not  unable  through  sickness,  to  attend;  and  any 
member  who  purposely  aosents  himself  from  the  city  to  avoid 
attending  any  meeting  of  the  council  or  who,  being  in  the  city, 
conceals  himself  from  such  officer  or  refuses  to  be  brought  in 
when  found,  shall  be  deemed  guilty  of  disorderly  conduct,  and 
upon  conviction  thereof  in  some  court  of  competent  jurisdic¬ 
tion,  shall  be  subject  to  a  fine  of  twenty-five  dollars;  and  the 
council  may,  with  the  concurrence  of  two  thirds  of  all  the  aider- 
men  elected,  expel  such  member,  in  which  event  his  seat  shall 
be  deemed  vacant  and  be  filled  by  election. 

Sec.  9.  Members  required  to  vote.  Every  member  of 
the  council  shall  vote  on  all  questions  in  which  he  is  not  directly 
and  personally  interested,  which  may  be  brought  before  the 
council  for  its  action  in  such  manner  as  to  require  a  vote  there¬ 
on,  unless  such  member  be  excused  by  a  vote  of  two-thirds  of 
all  the  other  members  present. 

Sec.  10.  Reconsideration.  No  vote  of  the  city  council 
shall  be  reconsidered  or  rescinded  at  a  special  meeting,  unless 
at  such  special  meeting  there  be  present  as  large  a  number  of 
aldermen  as  were  present  when  such  vote  was  taken. 

Sec.  11.  Report  of  committee — when  laid  over.  Any  re¬ 
port  of  a  committee  of  the  council  shall  be  deferred,  for  final 
action  thereon,  to  the  next  regular  meeting  of  the  same  after 
the  report  is  made,  upon  the  request  of  any  two  aldermen 
present. 

Sec.  12.  Territorial  jurisdiction.  The  city  council  shall 
have  jurisdiction  in  and  over  all  places  within  one-half  mile  of 
the  city  limits  for  the  purpose  of  enforcing  health  and  quaran¬ 
tine  ordinances  and  regulations  thereof ;  and  shall  have  power 
to  suppress  bawdy  and  disorderly  houses,  houses  of  ill-fame  or 
assignation,  within  the  limits  of  the  city  and  within  three  miles 
of  the  outer  boundaries  of  the  city;  and  shall  have  jurisdiction 
upon  all  waters  within  or  bordering  on  the  same,  to  the  extent  of 
three  miles  beyond  the  limits  of  the  city. 


The  City  Council. 


89 


Sec.  13.  Publication  of  ordinances — when  take  effect. 

All  ordinances  of  the  city  imposing  any  fine,  penalty,  imprison¬ 
ment  or  forfeiture,  or  making  any  appropriation,  shall,  within 
one  month  after  they  are  passed,  be  published  at  least  once  in 
a  newspaper  published  in  the  city;  and  no  such  ordinance  shall 
take  effect  until  ten  days  after  it  is  so  published,  and  all  other 
orders  and  resolutions  shall  take  effect  from  and  after  their 
passage,  unless  otherwise  provided  therein. 

Sec.  14.  Passing  ordinance  over  veto.  In  case  the 
mayor  shall  veto  any  ordinance  or  any  part  of  an  ordinance 
resolution  or  proceeding  of  the  city  council,  and  return  the  same 
to  the  city  council  together  with  his  objections  thereto,  the  vote 
by  which  the  same  was  passed  shall  be  reconsidered  by  the 
council;  and  if  after  such  reconsideration,  two-thirds  of  all  the 
members  elected  to  the  city  council  shall  agree  by  yeas  and 
nays  to  pass  the  same,  it  shall  go  into  effect,  notwithstanding 
that  the  mayor  may  refuse  to  approve  thereof.  The  vote  to 
pass  the  same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and 
nays  and  entered  on  the  journal. 

Sec.  15.  When  yeas  and  nays  required.  The  yeas  and 
nays  shall  be  taken  upon  the  passage  of  all  ordinances  and  all 
propositions  to  create  any  liability  against  the  city,  or  for  the 
expenditure  or  for  appropriation  of  its  money,  and  in  all  other 
cases  at  the  request  of  any  member,  and  shall  be  entered  on  the 
journal  of  proceedings  and  a  concurrence  of  a  majority  of  all 
the  members  elected  in  the  city  council  shall  be  necessary  to 
the  passage  of  any  such  ordinance  or  proposition ;  provided  that 
it  shall  require  three-fourths  of  all  the  aldermen  elect  to  sell 
city  property. 

Sec.  16.  Municipal  year.  The  municipal  year  of  the  city 
of  Marseilles  shall  commence  on  the  first  Monday  in  May  of  each 
and  every  year. 

Sec.  17.  Fiscal  year.  The  fiscal  year  of  the  city  of  Mar¬ 
seilles  shall  commence  on  the  first  Monday  in  May  of  each  and 
every  year. 

Sec.  18.  Borrow  money — limitation.  The  city  council 
may,  whenever  the  interest  of  the  city  require  it,  borrow  money 
on  the  credit  of  the  city  for  corporate  purposes,  and  issue  bonds 
therefor,  in  such  amount  and  form,  and  on  such  conditions  as 


90 


The  City  Council. 


it  shall  prescribe,  but  shall  not  become  indebted  in  any  manner 
or  for  any  purpose  to  an  amount,  including  existing  indebted¬ 
ness,  in  the  aggregate  to  exceed  five  per  centum  on  the  value  of 
the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  state  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness;  and  before  or  at  the  time  of  incurring  any 
indebtedness,  shall  provide  for  the  collection  of  a  direct  annual 
tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  thereof  within 
twenty  years  after  contracting  the  same. 

Sec.  19.  Annual  appropriation  ordinance.  The  city 
council  shall  as  soon  as  practicable  after  the  commencement  of 
each  fiscal  year  and  within  the  first  quarter  of  each  fiscal  year, 
pass  an  ordinance  to  be  termed  the  annual  appropriation  bill. 
It  shall  appropriate  such  sums  of  money  as  shall  be  deemed 
necessary  to  defray  all  necessary  expenses  and  liabilities  of  the 
city  for  the  current  fiscal  year;  and  in  such  ordinance  shall 
specify  the  objects  and  purposes  for  which  such  appropriations 
were  made  and  the  amount  appropriated  for  each  object  or  pur¬ 
pose.  No  further  appropriations  shall  be  made  at  any  other 
time  within  such  fiscal  year,  unless  the  proposition  to  make 
such  appropriation  has  been  first  sanctioned  by  a  majority  of 
the  legal  voters  of  the  city,  either  by  a  petition  signed  by  them, 
or  at  a  general  or  special  election  called  therefor. 

Sec.  20.  Limitations  of  expenditures.  Neither  the  city 
council,  nor  any  department  or  officer  of  the  city,  shall  add  to 
the  corporate  expenditures  in  any  one  year  anything  over  and 
above  the  amount  provided  for  in  the  annual  appropriation  or¬ 
dinance  of  that  year  except  as  herein  otherwise  specially  pro¬ 
vided;  and  no  expenditure  for  an  improvement  to  be  paid  for 
out  of  the  general  fund  of  the  corporation  shall  exceed,  in  one 
year,  the  amount  provided  for  such  improvement  in  the  annual 
appropriation  ordinance ;  provided  however  that  nothing  herein 
contained  shall  prevent  the  city  council  from  ordering,  by  a 
two-thirds  vote,  any  improvement,  the  necessity  of  which  is 
caused  by  any  casualty  or  accident  happening  after  such  annual 
appropriation  is  made.  The  city  council  may,  by  a  like  vote 
order  the  mayor  and  finance  committee  to  borrow  a  sufficient 


The  City  Council. 


91 


amount  of  money  to  provide  for  the  expense  necessary  to  be 
incurred  in  making  any  improvements,  the  necessity  for  which 
has  arisen  as  is  above  mentioned  for  a  space  of  time  not  ex¬ 
ceeding  the  close  of  the  next  fiscal  year;  which  sum  and  the 
interest,  shall  be  added  to  the  amount  authorized  to  be  raised 
in  the  next  general  tax  levy,  and  embraced  therein.  Should 
any  judgment  be  obtained  against  the  city,  the  mayor  and 
finance  committee  under  the  sanction  of  the  city  council,  may 
borrow  a  sufficient  amount  to  pay  the  same,  for  a  space  of  time 
not  to  exceed  the  close  of  the  next  fiscal  year,  which  sum  and 
interest  shall,  in  like  manner  be  added  to  the  amount  author¬ 
ized  to  be  raised  in  the  general  tax  levy  of  the  next  year,  and 
embraced  therein. 

Sec.  21.  No  contract  without  appropriation.  No  con¬ 
tract  shall  hereafter  be  made  by  the  city  council,  or  any  com¬ 
mittee  or  member  thereof,  and  no  expense  shall  be  incurred  by 
any  of  the  officers  or  departments  of  the  city,  whether  the  ob¬ 
ject  of  the  expenditure  shall  have  been  ordered  by  the  city 
council  or  not,  unless  an  appropriation  shall  have  been  previously 
made  concerning  such  expense,  except  as  by  law  otherwise  ex¬ 
pressly  provided. 

Sec.  22.  Annual  tax  levy.  The  city  council  shall  annu¬ 
ally  on  or  before  the  third  Tuesday  in  September  in  each  year 
ascertain  the  total  amount  of  appropriations  for  all  corporate 
purposes  legally  made,  and  to  be  collected  from  the  tax  levy  of 
that  fiscal  year ;  and  by  ordinance  specifying  in  detail  the  pur¬ 
poses  for  which  such  appropriations  are  made  and  the  sum  or 
amount  appropriated  for,  each  purpose  respectively,  levy  the 
amount  so  ascertained  upon  all  the  property  subject  to  tax¬ 
ation  within  the  city,  as  the  same  is  assessed  and  equalized  for 
state  and  county  purposes  for  the  current  year,  exclusive  of  the 
amount  levied  for  the  payment  of  bonded  indebtedness  or  the 
interest  thereon,  shall  not  exceed  the  rate  of  two  per  centum 
upon  the  aggregate  valuation  of  all  the  property  within  the  city 
subject  to  taxation  as  the  same  was  equalized  for  state  and 
county  taxes  for  the  current  year.  A  certified  copy  of  such 
ordinance  shall  be  filed  with  the  county  clerk. 

Sec.  23.  Special  tax  levy.  Whenever  the  city  is  required 
to  levy  a  tax  for  the  payment  of  any  particular  debt,  appro- 


92 


The  City  Council. 


priation  or  liability,  the  tax  for  such  purpose  shall  be  included 
in  the  total  amount  assessed  by  the  city  council,  and  certified 
to  by  the  county  clerk  as  aforesaid;  but  the  city  council  shall 
determine,  in  the  ordinance  making  such  assessment,  what  pro¬ 
portion  of  such  total  amount  shall  be  applicable  to  the  payment 
of  such  particular  debt,  appropriation  or  liability;  and  the  city 
treasurer  shall  set  apart  such  proportion  of  the  tax  collected 
and  paid  to  him  for  the  payment  of  such  particular  debt,  ap¬ 
propriation  or  liability,  and  shall  not  disburse  the  same  for  any 
other  purpose  until  such  debt,  appropriation  or  liability  shall 
have  been  discharged. 

Sec.  24.  Uniformity  of  taxation.  All  taxes  levied  or 
assessed  by  the  city,  except  special  assessments  for  local  im¬ 
provements,  shall  be  uniform  upon  all  taxable  property  and 
persons  within  the  limits  of  the  city,  and  no  property  shall  be 
exempt  therefrom  other  than  such  property  as  may  be  exempt 
from  taxation  under  the  constitution  and  general  laws  of  the 
state. 

Sec.  25.  Powers  of  the  city  council.  The  city  council 
shall  have  and  exercise  all  the  powers  delegated  to  and  granted 
by  the  constitution  and  the  general  laws  of  the  state  of  Illinois. 

Sec.  26.  Compensation.  Each  alderman  shall  receive 
two  dollars  for  each  regular  and  special  meeting  of  the  city  coun¬ 
cil  actually  attended  by  him ;  and  no  compensation  other  than 
for  attendance  upon  such  meetings  shall  be  allowed  to  any 
alderman  for  any  service  whatsoever. 


Streets,  Alleys  and  Public  Grounds 


93 


CHAPTER  XVI. 

STREETS,  ALLEYS  AND  PUBLIC  GROUNDS. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 


Removing  earth  from  the  streets,  etc. 
Excavating  in  the  streets,  etc. 

Filling  excavation. 

Leaving  excavation  unprotected. 

Fencing  street. 

Obstructing  the  street  with  building  material. 
Moving  buildings  through  streets. 

Blockade  of  streets  by  teams. 

Casting  ashes,  etc.  on  the  street. 

Telegraph  poles  and  wires. 

Height  from  ground. 

Hauling  hay,  etc. 

Throwing  paper  on  the  streets. 

Distributing  advertisments. 

Erecting  booths,  stands,  etc. 

Driving  in  park. 

Broadway — reservation  for  park  purposes. 
Expectorating  upon,  and  littering  the  sidewalks. 
Garbage  boxes  for  the  deposit  of  refuse  matter. 
Taking  stallion  or  jackass  through  streets. 


Section  1.  Removing  earth  from  streets,  etc.  Whoever 
shall,  for  any  private  purpose,  dig,  remove  or  carry  .away  any 
earth,  gravel  or  sod  from  any  street,  avenue,  alley  or  public 
ground,  without  the  expressed  permission  of  the  city  council, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense;  and  any  officer  of  the  city  who  shall 
use,  sell  or  dispose  of  any  earth,  gravel  or  sod  from  any  such 
place,  for  his  own  private  gain  or  benefit,  shall  be  fined  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  2.  Excavation  in  streets,  etc.  No  person,  unless 
authorized  by  the  city  council,  shall  make  any  excavation  in 
any  street,  alley  or  other  public  place  within  the  city  of  Mar- 


94 


Streets,  Alleys  and  Public  Grounds. 


seilles  without  first  obtaining  permission  so  to  do  from  the 
mayor  or  the  chairman  of  the  street  committee;  and  in  no  event 
shall  any  such  excavation  be  made  until  such  person  shall  have 
executed  a  bond  to  the  city  of  Marseilles  in  the  penal  sum  of 
such  amount  as  may  be  required  by  the  mayor  or  city  clerk 
with  at  least  one  good  surety,  a  resident  of  the  city,  to  be  ap¬ 
proved  by  the  city  clerk,  conditioned  for  the  careful  replacing 
of  all  earth  or  paving  materials  in  as  good  condition  as  before 
such  excavation  was  made. 

Sec.  3.  Filling  excavations.  Any  person  making  or  caus¬ 
ing  to  be  made  any  excavation  in  any  street,  avenue,  alley  or 
other  public  place  within  this  city,  shall,  without  unnecessary 
delay,  cause  the  same  to  be  refilled,  flushed  with  water  and 
firmly  tamped  so  that  it  shall  not  settle  or  cave.  Any  person 
taking  up  or  removing  any  portion  of  any  paved  street,  avenue, 
alley  or  other  public  place,  or  any  bridge  or  culvert,  shall,  with¬ 
out  delay,  cause  the  same  to  be  replaced  to  grade  as  firmly  and 
securely  as  before  the  same  was  taken  up.  Whoever  violates  or 
fails  to  comply  with  the  provisions  of  this  section  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 

Sec.  4.  Leaving  excavations  unprotected.  Any  con¬ 
tractor  for  any  public  work,  or  any  officer,  or  other  person  mak¬ 
ing  any  excavation  in  any  street,  avenue,  alley  or  sidewalk  or 
other  public  place  within  this  city  who  shall  leave  the  same 
open  and  unprotected  by  lights  or  otherwise  in  the  night  time 
so  as  to  endanger  the  safety  of  persons  and  animals,  shall  be 
fined  not  less  than  ten  dollars,  nor  more  than  one  hundred  dol¬ 
lars  for  each  offense. 

Sec.  5.  Fencing  street.  Whoever  shall  make  or  cause  to 
be  made  any  enclosure,  fence  or  building  of  any  kind  extending 
upon,  over  or  across  any  street,  avenue,  alley,  sidewalk  or  other 
public  place  within  this  city,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense,  and  every 
week  after  the  first  conviction  that  such  fence  or  building  so 
remains  shall  be  deemed  a  separate  offense:  Provided  that  no 
action  shall  be  taken  under  this  section  until  after  ten  day’s 
notice  in  writing  shall  be  given  to  remove  the  same  from  the 
street,  public  place  or  ground  by  the  city  attorney. 


Streets,  Alleys  and  Public  Grounds. 


95 


Sec.  6.  Obstructing  street  with  building  material.  No 

contractor,  builder  or  other  person  shall  encumber  any  street, 
alley,  sidewalk  or  other  public  place  within  this  city,  with  build¬ 
ing  or  other  like  materials  without  a  written  permit  from  the 
mayor  therefor;  nor  shall  in  any  case  encumber  or  obstruct  more 
than  one-third  of  such  street,  alley  or  sidewalk;  nor  shall  such 
obstruction  continue  in  any  case  longer  than  may  be  necessary 
in  the  diligent  erection  of  such  building.  Whoever  shall  violate 
any  of  the  provisions  of  this  section  shall  be  fined  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars  for  each  of¬ 
fense,  and  each  day  that  such  materials  are  permitted  to  so  re¬ 
main  shall  be  deemed  a  separate  offense. 

Sec.  7.  Moving  buildings  through  streets.  No  person 
shall  remove  or  cause  to  be  removed  any  budding,  through  or 
along  any  street,  avenue,  alley  or  other  public  place  within  this 
city,  without  having  first  applied  to  and  obtained  the  consent 
of  the  mayor,  and  such  application  shall  set  forth  the  exact 
route  proposed  to  be  traversed  in  moving  such  building.  Such 
building  shall,  upon  consent  being  given,  be  moved  along  the 
route  mentioned  in  such  application,  and  shall  not  be  permitted 
to  unnecessarily  encumber  or  obstruct  any  street,  alley  or  other 
public  place,  nor  for  a  longer  time  than  be  necessary  for  the 
diligent  removal  of  such  building,  and  such  person  shall  prompt¬ 
ly  repair  any  damage  thereby  done  to  any  street,  alley  or  public 
ground  or  wires  or  other  buildings  or  property,  Whosoever 
violates  any  of  the  provisions  of  this  section  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec  8.  Blockade  of  streets  by  teams.  Whenever  any 
street,  alley,  avenue  or  other  public  place  shall  be  obstructed  by 
a  press  of  teams,  vehicles,  animals  or  persons,  the  mayor  or  any 
police  officer  of  the  city  may  give  such  orders  and  directions  as 
shall  be  deemed  necessary  to  abate  the  obstruction ;  and  who¬ 
ever  shall  neglect  or  refuse  to  obey  such  orders  or  directions 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty  dol¬ 
lars  for  each  offense. 

Sec.  9.  Casting  ashes,  etc.,  on  street.  Whoever  shall 
throw,  place  or  leave,  or  cause  or  permit  to  be  thrown,  placed 


96 


Streets,  Alleys  and  Public  Grounds. 


or  left  any  ashes,  dirt,  filth,  rubbish,  slops  or  any  obstruction 
or  encumbrance  in  or  upon  any  street,  avenue,  alley,  sidewalk 
or  other  public  place  within  this  city,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense,  and 
every  day  that  such  ashes  or  other  matter  so  remains  after  no¬ 
tice  to  remove  same  by  chief  of  police  or  health  officer  shall  be 
deemed  a  separate  offense:  Provided,  this  .section  shall  not  ap¬ 
ply  to  the  placing  of  ashes  upon  unpaved  streets  in  order  to  im¬ 
prove  the  same ;  or  to  the  placing  of  ashes  along  side  of  any 
street  where  there  is  no  sidewalk ;  or  to  the  placing  of  ashes  on 
streets  or  sidewalks  when  icy. 

Sec.  10.  Telegraph  poles  and  wires.  Whoever  shall  set 
or  cause  to  be  set  any  telegraph,  telephone  or  other  poles  upon 
any  street,  avenue,  alley  or  other  public  place  within  the  city 
of  Marseilles,  or  shall  string  or  hang  any  wire  along  or  across 
any  such  street,  avenue,  alley  or  other  public  place,  unless 
authorized  to  do  so  by  the  city  council,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  11.  Heighth  from  the  ground.  All  telegraph,  tele¬ 
phone  and  any  other  wires  strung  over  and  across  Main  street 
in  said  city,  shall  be  placed  at  a  height  of  not  less  than  twenty 
feet,  and  when  strung  over  and  across  any  other  street  in  said 
city  shall  be  placed  at  a  height  of  not  less  than  eighteen  feet 
from  the  ground,  and  it  shall  become  the  duty  of  any  person  or 
corporation  owning  or  controlling  said  wires  to  raise  the  same  or 
temporarily  remove  the  same  at  any  time  upon  demand  of  the 
mayor  of  said  city.  Any  person  or  corporation  owning  or  con¬ 
trolling  any  telephone,  telegrapher  other  wires  strung  over  and 
across  and  along  any  of  the  streets  in  this  city,  shall  at  all  times 
keep  said  wires  from  sagging  or  dropping,  or  in  any  manner  ob¬ 
structing  the  streets  of  said  city. 

Sec.  12.  Hauling  hay,  etc.  Whoever  shall  haul  any  hay, 
straw,  ashes,  dirt,  filth  or  other  offensive  matter  along  any 
street,  avenue,  alley  or  other  public  place  within  this  city  and 
permit  or  suffer  any  part  thereof  to  escape  from  anv  wagon  or 
vehicle  in  which  same  is  being  hauled  or  conveyed  and  fall  and 
remain  upon  any  such  place,  shall  be  fined  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each  offense. 


Streets,  Alleys  and  Public  Grounds. 


97 


Sec.  13.  Throwing  paper  on  streets.  Whoever  shall 
throw,  place  or  deposit  any  paper,  rags,  dirt,  fruit  peelings  or 
other  offensive  matter  or  thing  in  or  upon  any  street,  avenue, 
alley  or  sidewalk  within  the  city  limits  shall  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  14.  Distributing  advertisements.  Whoever  shall 
distribute,  cast  or  throw  in,  upon  or  along  any  street,  alley, 
sidewalk  or  other  public  place  within  the  city  of  Marseilles, 
any  hand-bills,  pamphlets,  circulars  or  other  printed  matter, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense:  Provided,  that  this  section  shall 
not  apply  to  the  carrying  of  any  such  printed  matter  along  any 
such  street,  sidewalk  or  other  place  and  distributing  the  same 
within  any  store,  dwelling  or  other  building. 

Sec.  15.  Erecting  booths,  stands,  etc.  Whoever  shall 
erect,  keep  or  maintain  any  booth,  stand  or  other  place  for  the 
sale  of  fruits,  fish  or  other  merchandise  or  article,  upon  any 
street,  avenue,  alley,  sidewalk  or  other  place  within  the  city  of 
Marseilles,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty- five  dollars  for  each  offense;  and  every  day  after 
the  first  conviction  that  such  stand  is  so  kept  or  maintained 
shall  be  deemed  a  separate  offense:  Provided,  that  the  city 
council  may  grant  any  person  or  persons  permission  to  erect 
and  maintain  any  such  booth  or  stand  in  or  upon  any  such 
place. 

Sec.  17.  Broadway — reservation  for  park  purposes. 

That  all  that  part  of  Broadway  lying  north  or  south  of  a  strip 
forty-eight  (48)  feet  wdde  along  the  middle  of  said  Broadway  in 
the  city  of  Marseilles,  is  hereby  set  aside  and  devoted  to  park 
purposes  from  a  point  fifty  (50)  feet  east  on  Minden  street  to 
Liberty  street,  reserving  only  sidewalks  of  the  established  width 
on  the  extreme  north  and  south  sides  of  said  Broadway,  That 
the  middle  or  center  forty-eight  (48)  feet  in  width  of  said  Broad¬ 
way  is  hereby  reserved  and  devoted  to  street  purposes.  That 
all  of  that  part  of  Grant  street  lying  east  and  west  of  a  strip 
forty-four  (44)  feet  wide  along  the  middle  of  said  Grant  street, 
in  the  city  of  Marseilles  is  hereby  set  aside  and  devoted  to 
park  purposes.  From  River  street  to  the  Illinois  &  Michigan 


Streets,  Alleys  and  Public  Grounds. 


98 


canal,  reserving  only  sidewalks  of  the  established  width  on  the 
extreme  east  and  west  sides  of  said  Grant  street.  That  the 
center  or  middle  forty-four  (44)  feet  of  said  Grant  street  is  here¬ 
by  reserved  and  devoted  to  street  purposes.  It  shall  be  the 
duty  of  the  city  engineer  of  the  city  of  Marseilles  at  the 
earliest  practicable  time  possible,  to  measure,  lay  out  and  es¬ 
tablish  two  lines,  each  twenty-four  feet  from  the  center  or 
middle  of  said  Broadway,  in  the  city  of  Marseilles.  vSaid  lines 
so  laid  out  and  established,  being  forty-eight  feet  apart,  and 
extending  from  a  point  fifty  feet  east  of  Minden  street  to 
Liberty  street.  The  city  engineer  shall  also  at  the  same  time, 
measure,  lay  out  and  establish  two  lines  each  twenty-two  feet 
from  the  center  or  middle  of  said  Grant  street,  said  lines  so  laid 
out  and  established  forty-four  feet  apart,  and  extending 
from  River  street  to  the  Illinois  &  Michigan  canal.  The 
property  owners  and  residents  along  Broadway  from  a  point 
fifty  feet  east  of  Minden  street  to  Liberty  street,  and  property 
owners  and  residents  of  Grant  street  from  River  street  to  the 
Illinois  &  Michigan  canal  are  hereby  authorized,  empowered  and 
instructed  each  to  park  the  space  in  front  of  their  respective 
premises  or  residences,  upon  the  line  established  on  that  side  of 
the  street  by  the  city  engineer,  planting  the  same  with  trees, 
shrubs  and  other  growing  plants,  sodding  and  otherwise  beauti¬ 
fying  the  same,  and  keeping  the  trees,  shrubs,  etc.,  properly 
trimmed.  All  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Sec.  18.  Expectorating  upon,  and  littering  the  streets. 

It  shall  be  unlawful  for  any  person  to  expectorate  upon  any  of 
the  public  sidewalks  of  the  city,  or  to  throw  or  deposit  any  mat¬ 
ter  of  the  variety  of  banana,  orange,  lemon  or  apple  peel,  nut 
shells  or  any  other  matter  calculated  to  render  the  public  side¬ 
walks  of  the  city  in  an  unclean  and  untidy  condition.  Any 
person  who  shall  violate  this  section  shall  be  fined  not  less  than 
three  dollars  nor  more  than  twenty- five  dollars  for  each  offense. 

Sec.  19.  Garbage  boxes  for  the  deposit  of  refuse  matter. 

All  store  keepers  or  persons  engaged  in  any  business,  the  rear 
door  of  whose  place  of  business  opens  upon  any  public  alley,  or 
other  public  place  within  the  city  of  Marseilles  shall  maintain  a 
garbage  box  of  sufficient  capacity  to  hold  all  garbage  and  refuse 


)  )  ) 


Streets,  Alleys  and  Public  Grounds.  99 


1  .  > 

matters  made  about  such  place  of  business.  Such  garbage 

p  t>  A  \  r>  M  1  r>  ^  ■'  ’o' 

boxes  shall  be  kept  in  a  clean  and  sanitary  condition  and 
emptied  from  time  to  time  when  required  and  upon  the  order 
of  the  street  commissioner  of  the  city  of  Marseilles:  Provided, 
that  any  store  keeper,  merchant  or  person  engaged  in  any  busi¬ 
ness,  as  aforesaid,  who  fails  to  fprovide  such  garbage  box,  shall 
not  be  permitted  or  allowed  to  deposit  any  refuse  matters  of 
any  description  whatsoever,  in  any  public  alley  or  other  public 
place  within  the  city  of  Marseilles,  and  upon  violation  of  this 
section,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Sec.  20.  Taking  stallion  or  jackass  through  streets.  It 

shall  be  unlawful  for  any  person  or  persons  to  lead,  ride  or  drive 
any  stallion  or  jackass  through  the  streets  of  the  city  of  Mar¬ 
seilles  between  the  hours  of  sunrise  and  sunset  without  first 
covering  said  animal  with  a  blanket  that  shall  cover  it  to  the 
knees;  any  person  or  persons  violating  this  section  shall,  upon 
conviction,  be  fined  not  less  than  three  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 


100 


Boundaries  oc  City  Axnd  W*rds. 


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CHAPTER  XVII. 

BOUNDARIES  OF  CITY  AND  WARDS. 


ARTICLE  I. 


BOUNDARIES  OF  THE  CITY  OF  MARSEILLES. 


Section  1.  Boundaries  of  the  city. 

ARTICLE  II. 

BOUNDARIES  OF  THE  WARDS. 


Section  1. 
2. 

3. 

4. 


City  to  be  divided  into  wards. 
First  ward. 

Second  ward. 

Third  ward. 


ARTICLE  I. 

BOUNDARIES  OF  THE  CITY  OF  MARSEILLES. 


Section  1.  Boundaries  of  city.  The  city  of  Marseilles 
shall  comprehend  all  that  territory  within  the  following  limits 
or  boundaries,  to- wit :  Commencing  at  the  north  bank  of  the 
Illinois  river  in  section  thirteen  (13)  at  meander  corner  known 
as  No.  six  (6)  in  the  government  notes,  thence  North  thirty- 
seven  (37)  minutes  West  one  thousand  four  hundred  and 
twenty  (1420)  feet  to  the  north  boundary  line  of  the  Chicago 
Rock-Island  &  Pacific  railway  company’s  right  of  way,  thence 
South  seventy-three  degrees  and  fifty-five  minutes  (73-55),  East 
four  hundred  and  forty-five  (445)  feet,  thence  South  eighty-nine 
degrees  and  forty-five  minutes  (89-45)  east  on  the  quarter  sec.  line 
eight  hundred  and  eighty  and  five-tenths  (880.5)  feet,  thence 
North  thirty-seven  (37)  minutes  West  two  thousand  six  hun¬ 
dred  and  forty  (2640)  feet  along  the  east  line  of  the  west  half 
of  the  north-west  quarter  of  section  thirteen  (13),  thence  South 
eighty-nine  degrees  and  forty-five  minutes  (89-45)  East  on  the 
north  section  line  of  section  thirteen  (13)  three  thousand  eight 


Boundaries  of  City  and  Wards. 


101 


hundred  and  ninety-four  (3894)  feet,  thence  North  on  the 
Range  line  six  hundred  and  forty-five  (645)  feet,  thence  South 
eighty-nine  degrees  and  fifty-eight  (89-58)  minutes  east  one 
thousand  eight  hundred  and  ninety-nine  (1899)  feet,  to  the 
west  line  of  Colorado  street,  thence  south  along  the  said  vest 
line  of  Colorado  street  six  hundred  and  forty- five  (645)  feet, 
thence  South  eighty-nine  degrees  and  fifty-eight  (89-58)  minutes 
East  along  the  north  section  line  of  section  eighteen  (18)  one 
thousand  three  hundred  and  twenty  (1320)  feet, thence  south  two 
hundred  and  sixty-eight  (268)  feet,  thence  North  eighty-nine 
degrees  and  fifty-eight  minutes  (89  58)  West  six  hundred  and 
eighty- two  (682)  feet  to  the  east  line  of  Chicago  street,  thence 
South  one  degree  and  thirty  (1-30)  minutes  East  along  said 
east  line  of  Chicago  street  two  thousand  five  hundred  and 
twenty  eight  (2528)  feet,  thence  South  eighty-nine  degrees  and 
forty-five  (89-45)  minutes  east  six  hundred  and  eighty-two  (682) 
feet,  thence  south  twenty-five  (25)  feet,  thence  South  eighty- 
nine  degrees  and  forty-five  (89-45)  minutes  east  parallel  with 
the  east  and  west  quarter  section  line  of  section  eighteen  (18) 
one  thousand  nine  hundred  and  fifty  (1950)  feet  to  the  inter¬ 
section  of  west  line  of  Corn  street,  thence  South  thirtv-two  de¬ 
grees  wbst  along  the  west  line  of  said  Corn  street  one  thousand 
one  hundred  and  ninety-five  (1 1  95)  feet  to  the  intersection  of 
the  east  section  line  of  section  eighteen  (18),  thence  South 
thirty-five  (35)  minutes  east  along  said  section  line  two  hun¬ 
dred  and  twelve  and  five  tenths  (212-5)  feet,  thence  South 
eighty- nine  degrees  and  forty-five  (89-45)  minutes  east  along 
the  north  line  of  the  south-west  quarter  of  section  seventeen 

(17)  township  thirty-three  (33)  north  range  five  (5)  east  of  the 
third  principal  meridian  one  thousand  three  hundred  and 
twenty  four  (1324)  feet,  thence  South  thirty-five  (35)  minutes 
east  along  the  east  line  of  the  south  west  quarter  of  the  south¬ 
west  quarter  of  section  seventeen  (17)  one  thousand  seven  hun¬ 
dred  and  twenty-six  (1726)  feet  to  the  north  boundary  of  the 
Chicago,  Rock  Island  &  Pacific  railway  company’s  right  of  way, 
thence  North  seventy-two  degrees  (72)  west  along  the  north 
boundary  of  said  railroad  one  thousand  three  hundred  and 
eighty  (1380)  feet  to  the  south-east  corner  of  section  eighteen 

(18) ,  thence  North  eightv-nine  degrees  and  thirty- seven  (89  37) 
minutes  west  on  the  south  section  line  of  section  eighteen  (18) 


102 


Boundaries  of  City  and  Wards. 


to  the  east  line  of  Liberty  street  three  thousand  and  fifty-three 
and  six-tenths  (3053.6)  feet,  thence  South  thirteen  degrees  and 
forty  (13-40)  minutes  west  six  hundred  and  seventy  eight  (678) 
feet  to  the  bank  of  the  Illinois  river,  thence  along  the  meander 
line  of  said  river  to  the  place  of  beginning. 

ARTICLE  II. 

BOUNDARIES  OF  WARDS  OF  THE  CITY  OF  MARSEILLES. 

Section  1.  City  to  be  divided  into  wards.  The  city  of 
Marseilles  shah  be  and  is  hereby  divided  into  three  wards  which 
shall  be  known  and  bounded  as  follows: 

Sec.  2.  First  ward.  The  first  ward  shall  embrace  all 
that  portion  of  the  city  of  Marseilles  east  of  a  line  beginning  at 
the  Illinois  river  and  at  the  center  of  Pearl  street,  thence 
northerly  along  the  center  of  said  Pearl  street  to  its  intersection 
with  Orange  street,  thence  north-easterly  along  the  center  of 
said  Orange  street  to  its  intersection  with  Carter  street,  thence 
northerly  and  easterly  along  the  center  of  said  Carter  street  to 
its  intersection  with  Colorado  street,  thence  northerly  along  the 
center  of  said  Colorado  street  to  the  city  limits. 

Sec.  3.  Second  ward.  The  second  ward  shall  comprise 
all  that  territory  east  of  a  line  beginning  at  the  Illinois  river 
bridge  in  the  center  of  Main  street  and  running  thence  northerly 
along  the  center  of  said  Main  street  to  its  intersection  with 
Bluff  street,  thence  westerly  on  Bluff  street  to  the  intersection 
of  said  Bluff  street  with  Fillebrown  street,  thence  northerly  and 
easterly  along  the  center  of  said  Fillebrown  street  to  its  inter¬ 
section  with  the  tow'nship  line  road,  thence  northerly  on  said 
township  road  to  the  city  limits,  and  west  of  the  heretofore 
described  west  line  of  the  First  ward. 

Sec.  4.  Third  ward.  The  third  ward  shall  comprise  all 
that  territory  west  of  the  heretofore  described  west  line  of  the 
said  second  ward,  and  shall  extend  to  the  city  limits  on  the 
north,  south  and  west. 


Grades  and  Sidewalks. 


103 


CHAPTER  XVIII. 


GRADES  AND  SIDEWALKS. 


ARTICLE  I. 


GRADES. 


Section  1. 

2. 

3. 


Bench  mark  established. 

Grade  estaolished  for  Main  street. 
Other  grades  to  conform  herewith. 


ARTICLE  II. 


SIDEWALKS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 


Grades. 

Materials. 

Manner  of  constructing  sidewalks. 
Special  ordinance. 

When  owner  furnishes  material. 
Guards  for  steps — cellar  ways,  etc. 
Leaving  team  so  as  to  obstruct  walk. 
Gates  swinging  over  sidewalk. 
Officers  to  report  defects. 


ARTICLE  I. 


GRADES. 

Section  1.  Bench  mark  established.  That  the  datum 
plane  of  all  grade  elevations  in  and  for  the  city  of  Marseilles,  be 
and  the  same  is  hereby  declared  to  be  a  plane  on  the  same  level 
as  the  top  of  the  south-west  corner  of  the  south  concrete  abut¬ 
ment  of  the  bridge  over  the  Illinois  &  Michigan  canal  on  Main 
street  in  said  city,  which  is  hereby  declared  to  be  the  bench 
mark  for  said  purpose,  and  said  datum  plane  shall  be  known  as 
sixty-six  and  three  hundred  and  seventy-three  thousandths 
(66.373)  for  all  elevations. 

Sec.  2.  Grade  established  for  Main  street.  Commenc¬ 
ing  at  a  point  fifteen  feet  north  of  the  south  line  of  Bluff  street 


104 


Grades  and  Sidewalks. 


in  said  city  which  is  seventeen  and  six  hundred  and  twenty- 
seven  thousandths  (17.627)  feet  above  the  datum  plane  hereto¬ 
fore  established  in  section  one  of  this  ordinance,  thence  South 
along  the  center  line  of  Main  street  to  the  intersection  of  said 
Main  street  with  the  south  line  of  Clark  street,  in  said  city,  at  a 
grade  of  two  and  eight-tenths  per  cent.  (2.8),  thence  South 
along  the  center  line  of  Main  street  on  the  south  line  of  Wash¬ 
ington  street  at  a  grade  of  three  and  one-tenth  per  cent.  (3.1), 
thence  South  along  the  center  line  of  Main  street  to  the  north 
track  of  the  Chicago,  Rock  Island  and  Pacific  railroad  at  a  grade 
of  three  and  seven-tenths  percent.  (3.7),  thence  South  along  the 
center  line  of  said  Main  street  to  the  south  end  of  the  bridge 
over  the  Illinois  &  Michigan  canal  at  a  grade  of  twenty-five 
hundredths  per  cent.  (.25),  thence  South  along  the  centerline 
of  said  Main  street  to  the  north  end  of  the  north  race  bridge  at 
a  grade  of  one  and  eight-tenths  per  cent  (1.8),  thence  South 
along  the  center  line  of  said  Main  street  to  the  north  line  of 
River  street,  at  a  grade  of  six- tenths  percent.  (.6),  thence  South 
along  the  center  line  of  said  Main  street  to  the  north  end  of  the 
bridge  over  the  Illinois  river  at  a  grade  of  four  per  cent.  (4). 

Sec.  3-.  Other  grades  to  conform  herewith.  All  other 

grades  heretofore  and  hereafter  established  in  any  of  the  streets 
of  the  city  of  Marseilles  shall  conform  with  and  be  established 
from  the  datum  plane  herein  established  in  section  one  of  this 
ordinance. 

ARTICLE  II. 

4 

SIDEWALKS. 

Section  I.  Grades.  Whenever  any  sidewalk  is  hereafter 
to  be  laid  upon  or  along  any  street  or  other  public  place  within 
the  corporate  limits  of  the  city  of  Marseilles,  the  person  or  per¬ 
sons  about  to  build  or  lay  such  walk  shall  ascertain  from  the 
city  engineer  the  correct  grade  of  such  walk,  which  grade  shall 
be  established  by  ordinance  before  the  construction  of  such 
sidewalk,  and  such  sidewalk  shall  be  then  laid  to  such  grade  as 
established. 

Sec.  2.  Materials.  All  sidewalks  hereafter  constructed 
upon  or  along  any  street  or  other  public  place  within  the  cor¬ 
porate  limits  of  the  city  of  Marseilles,  shall  be  constructed  of 


Grades  and  Sidewalks. 


105 


concrete,  unless  otherwise  directed  by  the  city  council  by  an 
ordinance  adopted  for  such  purpose. 

Sec.  3.  Manner  of  constructing  sidewalks.  All  such 
sidewalks  which  may  hereafter  be  constructed  of  concrete  shall 
have  at  least  six  inches  of  well  compacted  cinders  as  a  foun¬ 
dation.  Such  walk  shall  have  an  inclination  toward  the  gutter 
of  at  lea^t  one-fifth  of  an  inch  to  each  foot  in  width,  with  the 
inner  line  thereof  one  foot  from  the  property  line  unless  other¬ 
wise  especially  provided  for  by  ordinance.  No  sidewalks  shall 
be  hereafter  constructed  except  under  the  supervision  of  the 
city  superintendent  of  streets.  No  sidewalks  shall  hereafter  be 
constructed  within  the  corporate  limits  of  the  city  of  Marseilles 
in  any  other  manner  unless  the  same  is  duly  authorized  by  the 
city  council  and  provided  for  by  ordinance. 

Sec.  4.  Special  ordinance.  Hereafter  when  any  such 
sidewalk  shall  be  ordered  laid  by  the  city  council  a  special  ordi¬ 
nance  shall  be  passed  prescribing  in  what  manner  the  cost  of 
such  improvement  shall  be  paid,  which  shall  be  either  by  gener¬ 
al  taxation,  special  taxation  or  special  assessment,  and  such 
ordinance  shall  conform  to  the  statute  prescribing  the  method 
of  procedure  under  the  manner  of  payment  adopted. 

Sec.  5.  When  owner  furnishes  materials.  Hereafter 
wThen  any  ordinance  has  been  adopted  providing  for  the  con¬ 
struction  of  any  sidewalk  to  be  constructed  of  lumber  or  wdiere 
any  sidewalk  needs  repair  which  is  constructed  of  lumber,  the 
property  owner  or  owners  along  the  street  or  public  place  where 
such  work  is  to  be  done  shall  furnish  all  the  lumber  and  other 
material  necessary  for  such  construction  or  repairs,  and  the  city 
shall  build,  repair  or  construct  such  sidewalk. 

Sec.  6.  Grades  for  steps,  cellarways,  etc.  No  steps 
platform  or  other  fixture  shall  extend  into  or  upon  any  side¬ 
walk  or  alley  in  this  city  more  than  three  feet;  and  all  stairs  or 
steps  encroaching  upon  any  sidewalk  or  alley  and  leading  to  the 
upper  story  of  any  building  shall  be  securely  fastened  to  the 
wall  of  such  building  and  supported  without  posts  or  pillars. 
No  open  cellarway  or  basement  steps  shall  be  permitted  to  ex¬ 
tend  into  any  sidewalk  more  than  three  feet,  and  in  all  cases 
shall  be  protected  with  a  substantial  iron  railing,  and  no  such 


106 


Grades  and  Sidewalks. 


cellarway  or  basement  steps  be  constructed  unless  first  being 
sanctioned  by  the  city  council  and  a  permit  obtained  therefor. 
All  closed  cellarwavs  and  basement  openings  shall  be  covered 
with  iron  doors,  which  shall  conform  to  the  surface  grade  of  the 
sidewalk  and  shall  be  securely  fastened  to  the  walk  with  hinges 
that  do  not  extend  above  the  surface  of  the  sidewalk,  all  coal 
hole  covers  shall  be  of  iron  and  shall  not  be  depressed  below  nor 
extend  above  the  surface  of  the  sidewalk,  and  shall  be  securely 
set  in  the  walk  in  such  a  manner  as  .not  to  obstruct  the  free 
passage  over  the  sidewalk.  All  gratings  over  any  basement 
window  or  door  shall  not  extend  into  the  sidewalk  more  than 
two  feet  and  said  gratings  shall  be  constructed  of  iron,  the  bars 
thereof  not  more  than  one  inch  apart,  said  gratings  to  be  placed 
flush  with  the  surface  of  the  sidewalk  and  even  with  the  build¬ 
ing  or  property  line  of  said  sidewalk.  Whoever  violates  or 
fails  to  comply  with  any  of  the  provisions  of  this  section  shall 
be  fined  not  less  than  three  dollars  nor  more  than  twenty  dol¬ 
lars,  and  every  day  he  so  violates  such  provision  after  the  first 
conviction  shall  be  deemed  a  separate  offense. 

Sec.  7.  Leaving  team  so  as  to  obstruct  walk.  Whoever 
shall  stop,  fasten  or  leave  any  team  or  any  animal  in  such  a 
manner  that  the  same  or  any  vehicle  attached  thereto  shall  be 
an  obstruction  to  any  sidewmlk  or  crossing  within  this  citv,  shall 
be  fined  not  less  than  three  dollars  nor  more  than  ten  dollars 
for  each  offense. 

Sec.  8.  Gates  swinging  over  sidewalks.  Whoever  shall 
cause,  suffer  or  permit  any  gate  owned  or  controlled  by  him 
within  this  city  to  swing  across  or  stand  over  any  sidewalk  or 
any  portion  thereof  shall  be  fined  not  less  than  one  dollar  nor 
more  than  ten  dollars  for  each  offense. 

Sec.  9.  Officers  to  report  defects.  It  shall  be  the  duty 
of  the  chief  of  police  and  other  police  officers  to  report  forthwith 
to  the  mayor  all  defects  in  any  sidewalk  within  this  city  that 
may  come  to  his  or  their  notice,  and,  in  case  of  anv  accident 
occurring  through  any  defect  in  any  such  sidewalk,  to  promptly 
report  the  same  to  the  mayor  together  with  a  list  of  all  wit¬ 
nesses  thereto. 


Contracts  for  Public  Works. 


107 


CHAPTER  XIX. 

CONTRACTS  FOR  PUBLIC  WORKS. 


Section  1. 

Contracts — how  let. 

2. 

Estimates. 

3. 

Profile — specifications. 

4. 

Clerk  to  advertise  for  bids. 

5. 

Proposals  and  bond. 

6. 

Bids  opened. 

7. 

Contract — bond. 

8. 

Extra  work. 

9. 

Surplus  earth. 

10. 

Contracts  payable  from  assessments. 

n. 

May  suspend  work. 

12. 

Acceptance  of  work — payment. 

Section  1. 

♦ 

Contracts— how  let.  All  cor 

making  of  any  public  improvement,  to  be  paid  for  in  whole  or 
in  part  by  special  assessment,  and  any  work  or  public  improve 
ment,  when  the  expense  thereof  shall  exceed  two  hundred  dol¬ 
lars,  shall  be  let  to  the  lowest  responsible  bidder,  in  the  manner 
hereinafter  prescribed,  such  contract  to  be  approved  by  the 
mayor:  Provided,  however,  any  such  contract  may  be  entered 
into  by  the  proper  officer  without  advertising  for  bids,  and 
without  such  approval,  by  a  vote  of  two-thirds  of  all  aldermen. 


Sec.  2.  Estimates.  Before  the  letting  of  any  contract  by 
the  city  council  for  any  public  improvement,  the  city  engineer 
shall  be  required  to  furnish  in  writing  an  estimate  of  the  prob¬ 
able  cost  of  such  improvement, 


Sec.  3.  Profile— specifications.  Whenever  any  public 
improvement  which  is  required  to  be  let  to  the  lowest  respon¬ 
sible  bidder,  shall  be  ordered  by  the  city  council,  it  shall  be  the 
duty  of  the  city  engineer  to  prepare  a  plan  or  profile  of  the  pro¬ 
posed  improvement  and  specifications  for  the  construction  of 
the  same,  which  plans  and  specifications  after  being  approved 


108 


Contracts  for  Public  Works. 


by  the  city  council,  shall  be  kept  on  file  in  the  office  of  the  city 
clerk,  and  shall  be  open  to  the  inspection  of  the  city  officers  and 
other  persons  interested  therein. 

Sec.  4.  Clerk  to  advertise  for  bids.  It  shall  thereupon 
be  the  duty  of  the  city  clerk  to  advertise  in  the  official  news¬ 
paper  of  the  city  for  bids  to  furnish  materials  and  do  said  work 
according  to  the  plans  and  specifications  aforesaid.  Such  ad¬ 
vertisement  shall  be  published  at  least  three  insertions  in  anv 
paper  of  weekly  publication  or  at  least  ten  days  in  a  daily  paper 
before  the  day  fixed  for  the  opening  of  said  bids,  and  shall  state 
the  nature  and  extent  of  the  improvements  ordered,  the  place 
where  the  plans  and  specifications  may  be  seen,  and  the  time 
and  place  when  and  where  the  bids  will  be  opened.  The  right 
to  reject  any  and  all  bids  shall  be  reserved  in  such  advertise¬ 
ment. 

Sec.  5.  Proposals — bond.  All  proposals  for  any  such 
improvement  shall  be  signed  by  the  person  bidding  and  shall  be 
delivered  to  the  city  clerk  enclosed  in  a  sealed  envelope  upon 
the  outside  of  which  shall  be  stated  the  nature  of  the  enclosure. 
Each  bid  shall  be  accompanied  by  a  bond  or  certified  check, 
in  such  amount  as  may  be  named  in  such  advertisement,  and 
in  case  of  bond  with  sureties  to  be  approved  by  the  mayor  and 
chairman  of  the  committee  in  charge  of  such  work  or  improve¬ 
ment,  conditioned  that,  in  case  that  the  contract  be  awarded  to 
such  bidder,  he  will  enter  into  contract  and  bond,  as  hereinafter 
required,  to  perform  such  work  according  to  such  specifications 
and  plans. 

Sec.  6.  Bids  opened.  All  proposals  or  bids  shall  be 
opened  and  read  by  the  city  clerk  at  the  next  meeting  of  the 
city  council  after  the  time  mentioned  in  such  advertisement,  in 
the  presence  of  such  bidders  and  other  persons  as  may  attend, 
and  the  council  shall  thereupon  reject  all  bids  or  let  the  con¬ 
tract  for  such  work  or  improvement  to  the  lowest  responsible 
bidder, 

Sec.  7.  Contract — bond.  Upon  the  letting  or  awarding 
of  such  work  or  improvement,  the  city  attorney  shall  draw  a 
contract  between  the  citv  of  Marseilles  and  the  person  to  whom 
the  same  has  been  awarded,  which  contract  shall  be  properly 


Contracts  for  Public  Works 


109 


executed  in  duplicate  before  such  person  shall  be  entitled  to 
proceed  with  such  work,  and  such  contract  shall  be  accompanied 
by  a  bond  in  the  penal  sum  of  twice  the  amount  of  such  bid, 
with  good  and  sufficient  sureties  to  be  approved  by  the  mayor 
and  city  council,  conditioned  for  the  faithful  performance  of 
such  work  according  to  the  terms  of  such  contract  and  the 
ordinances  of  said  city. 

Sec.  8.  Extra  work.  No  contractor  shall  be  entitled  to 
payment  for  any  extra  work  done  by  him,  unless  such  extra 
work  shall  have  been  specially  ordered  by  the  city  council. 

Sec.  9.  Surplus  earth.  No  contractor  or  subcontractor 
for  any  work  or  improvement  on  any  street  or  alley,  or  other 
public  place  within  this  city  shall  sell  or  otherwise  dispose  of 
any  surplus  earth.  Whoever  violates  the  provisions  of  this  sec¬ 
tion  shall  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars. 

Sec.  10.  Contracts  payable  from  assessments.  All  per¬ 
sons  taking  any  contracts  with  the  city  of  Marseilles,  and  who 
agree  to  be  paid  from  special  assessments,  shall  have  no  claim 
or  lien  upon  the  city  in  any  event,  except  from  the  collections 
of  the  special  assessments  made  for  the  work  contracted  for. 

Sec.  11.  May  suspend  work.  In  all  contracts  for  the 
performance  of  any  work  or  improvement  the  city  shall  reserve 
the  right  to  suspend  the  work  and  annul  the  contract  for  a  fail¬ 
ure  on  the  part  of  the  contractor  to  execute  the  same  according 
to  the  terms  thereof,  and  such  action  shall  not  affect  the  right 
of  the  city  to  bring  an  action  on  such  contractor’s  bond  for  non¬ 
performance  of  his  contract. 

Sec.  12.  Acceptance  of  work — payment.  Upon  the 
completion  of  any  such  work  or  improvement,  the  city  engi¬ 
neer  shall  make  a  report  in  writing  whether  or  not  the  same 
has  been  done  according  to  the  terms  of  the  contract,  and  upon 
acceptance  and  approval  of  such  report  by  the  city  council,  a 
warrant  shall  be  drawn  upon  the  city  treasurer  for  the  amount 
due  such  contractor:  Provided  that  during  the  progress  of  any 
such  work  the  city  council  may  require  of  the  city  engineer  to 
make  a  report  of  the  amount  of  work  that  has  been  completed 
and  whether  the  same  has  been  done  according  to  the  contract, 


Fire  Limits. 


1 10 


and  upon  the  acceptance  and  approval  of  such  report  by  the 
city  council  it  may  order  such  contractor  to  be  paid  not  to  ex¬ 
ceed  eighty-five  per  centum  of  the  proportionate  share  of  the 
contract  price  due  for  such  work  so  completed;  Provided,  fur¬ 
ther,  that  at  least  fifteen  per  centum  of  the  contract  price  shall 
alwavs  be  reserved  for  payment  upon  the  final  acceptance  of 
the  work  by  the  city  council. 


CHAPTER  XX. 


FIRE  LIMITS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 
-7. 

8. 


Limits  prescribed. 

Character  of  buildings  in  fire  limits. 

Wooden  buildings  prohibited. 

When  buildings  to  be  torn  down. 

Manner  of  ascertaining  damages. 

Wooden  buildings  damaged  lees  than  fifty  per  cent. 
Building  in  violation  of  ordinance  a  nuisance. 
Wooden  building  defined. 


Section  1.  Limits  prescribed.  All  that  portion  of  the 
city  of  Marseilles  described  as  follows  shall  hereafter  be  known 
as  “The  Fire  Limits’’ of  the  city  of  Marseilles,  to-wit;  Com¬ 
mencing  at  the  north-east  corner  of  State  and  Bluff  streets, 
thence  southerly  along  the  west  side  of  said  State  street  to  the 
right  of  way  of  the  Chicago  Rock  Island  &  Pacific  railway  com¬ 
pany,  thence  southerly  on  a  parallel  line  with  Main  street  and 
equal  distance  from  said  Main  street  to  River  street,  thence 
easterly  along  the  north  line  of  said  River  street  to  the  west 
head  race,  thence  southerly  to  the  Illinois  river,  thence  westerly 
along  the  north  bank  of  said  Illinois  river  to  a  point  one  hun¬ 
dred  feet  west  of  the  half  section  line  of  section  thirteen  (13), 
township  thirty-three  (33),  range  four  (4)  east  of  the  third  P.  M., 
thence  northerly  on  a  line  parallel  with  said  half  section  line  to 
the  south  bank  of  the  Illinois  &  Michigan  canal,  thence  easterly 
along  said  bank  of  said  canal  to  a  point  opposite  Perry  street, 

thence  across  said  canal  to  the  center  line  of  Perrv  street, 

•  . 


Fire  Limits. 


1  1  1 


thence  northerly  along  the  center  of  said  Perry  street  to  Bluff 
street,  thence  easterly  along  said  Bluff  street  to  the  place 
of  beginning. 

Sec.  2.  Character  of  building  in  fire  limits.  No  build¬ 
ing  or  structure  of  any  kind  shall  hereafter  be  erected  or  con¬ 
structed  within  the  fire  limits  of  this  city,  unless  the  outside 
and  party  walls  thereof  shall  be  composed  entirely  of  brick, 
stone,  iron  or  other  non- combustible  and  fire-proof  materials, 
and  unless  the  roof,  cornice  and  gutters  shall  be  composed  of,  or 
shall  be  covered  on  the  outside  surface  with  copper,  iron,  zinc 
or  other  fire-proof  material. 

Sec.  3.  Wooden  buildings  prohibited.  No  person  or 
persons  shall  construct,  erect,  repair,  enlarge  or  remove  from 
one  place  to  another  within  the  fire  limits  of  this  city,  or  shall 
remove  from  without  said  fire  limits  into  the  same,  any  build¬ 
ing  or  structure,  the  outer  party  walls  of  which  are  in  whole  or 
part  composed  of  wood;  or  shall  build  or  attach  any  wooden 
cornice  or  other  wooden  addition  to  or  upon  any  building  or 
structure  now  or  hereafter  being  within  said  fire  limits,  with¬ 
out  permission  first  obtained  from  the  city  council:  Provided, 
that  the  owner  of  any  building  now  located  within  the  fire 
limits  shall  have  the  right  to  raise  or  lower  the  same  to  the  es¬ 
tablished  grade. 

Sec.  4.  When  buildings  to  be  torn  down.  Whenever  any 
building  within  the  fire  limits  of  this  city  shall  have  been  dam¬ 
aged  by  fire,  decay'  or  otherwise,  to  the  extent  of  fifty  percent- 
urn  of  the  value  of  the  same  it  shall  be  promptly  torn  down  or 
removed  bv  the  owner  thereof. 

Sec.  5.  Manner  of  ascertaining  damages.  The  amount 
or  extent  of  damage  to  any  building  within  the  fire  limits  by 
fire,  decay  or  otherwise,  shall  be  ascertained  by  three  appraisers, 
to  be  selected  as  follows:  One  shall  be  selected  by  the  owner  of 
such  building,  the  second  shall  be  selected  by  the  mavor  of  the 
city  of  Marseilles,  and  the  two  so  selected  shall  choose  a  third. 
It  shall  be  the  duty  of  said  appraisers  to  make  a  careful  esti¬ 
mate  of  the  damage  to  said  building,  and  their  decision  shall  be 


Fire  Limits. 


1 12 


final  and  conclusive.  Before  a  reference  is  made  to  such  ap¬ 
praisers,  it  shall  be  the  duty  of  the  owner  of  such  building  to 
deposit  with  the  city  clerk  the  sum  of  six  dollars  to  be  applied 
as  appraisers  fees. 

Sec.  6.  Wooden  buildings  damaged  less  than  fifty  per 
cent.  Where  the  damage  to  any  such  building,  the  outer  or 
party  walls  of  which  are  composed  wholly  or  in  part  of  wood, 
has  been  ascertained  to  be  less  than  fifty  per  centum  of  the  value, 
and  permission  has  been  given  by  the  city  council  to  repair  the 
same,  it  shall  not  be  repaired  so  as  to  be  higher  than  the  high¬ 
est  point  left  standing  after  such  damage  shall  have  occurred, 
or  so  as  to  occupy  a  greater  space  than  said  building  occupied 
before  the  damage  thereto. 

Sec.  7.  Building  in  violation  of  ordinance  a  nuisance. 

Any  building  within  the  fire  limits  of  this  city  which  shall  have 
been  damaged  by  fire,  decay  or  otherwise  to  the  extent  of  fifty 
per  centum  of  the  value  and  which  shall  not  be  promptly  torn 
down  or  removed  by  the  owner  thereof,  and  any  wooden  build¬ 
ing  erected,  placed  or  repaired  within  the  fire  limits  contrary  to 
the  provisions  of  this  ordinance  is  hereby  declared  a  nuisance, 
and  the  owner  or  person  in  control  of  any  such  building  shall  be 
deemed  guilty  of  maintaining  a  nuisance,  and,  upon  conviction, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense,  and  the  same  shall  be  abated  as 
provided  herein  for  the  abatement  of  nuisances. 

Sec.  8.  Wooden  buildings  defined.  The  term  “wooden 
building”  wherever  used  in  this  ordinance,  shall  be  understood 
to  embrace  and  mean  all  buildings,  tenements,  houses,  out¬ 
houses,  stables,  sheds,  and  all  structures  of  every  description 
the  outer  walls  or  roofs,  or  any  part  thereof,  of  which  are,  in 
whole  or  part,  constructed  or  built  of  wood. 


Health  Regulations. 


113 


CHAPTER  XXI. 

HEALTH  REGULATIONS. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 


Swill,  filthy  matter, etc.,  not  to  be  deposited  in  street. 
Diseased  animals  not  to  be  brought  within  the  city. 
Diseased  animals  not  to  drink  at  public  watering 
places. 

Spreading  of  small-pox. 

Changing  wearing  apparel. 

Bringing  persons  or  clothing  infected  into  city. 

Certain  meats  not  to  be  sold. 

What  animals  condemned. 

Selling  diseased  food. 

Selling  adulterated  milk. 


Section  1.  Swill,  filthy  matter,  etc.,  not  to  b<e  deposited 
on  Streets.  Whoever  shall  deposit  or  throw  any  swill,  brine, 
urine  of  animals  or  other  offensive  animal  substance  or  any 
noxious  liquid  or  filthy  matter  of  any  kind,  in  or  upon  any 
street,  avenue,  alley,  or  other  public  place  within  the  city  of 
Marseilles,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Sec.  2.  Diseased  animals  not  to  be  brought  within  the 
city.  Whoever  shall  bring  within  the  city  of  Marseilles  any 
diseased  or  sickly  horse,  cattle,  swine,  sheep  or  other  animal,  or 
any  such  animal  which  he  knows  to  have  been  exposed  to  any 
disease  that  is  contagious  or  infectious  among  animals,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dol¬ 
lars  for  each  offense. 

Sec.  3.  Dise»ased  animals  not  to  drink  at  public  wafter- 
ing  places.  Whoever  shall  permit  any  animal  owned  or  con¬ 
trolled  by  him  which  is  suffering  from  any  disease  that  is  con¬ 
tagious  or  infectious  among  animals  to  drink  at  any  public 
watering  trough  or  place  within  this  city,  shall  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  4.  Spreading  small-pox.  Any  person  having  the 


114 


Health  Regulations. 


small-pox  or  other  malignant,  contagious  or  infectious  disease, 
who  shall  go  about  any  street  or  other  public  place  within  the 
city  of  Marseilles  while  in  danger  of  communicating  such  dis¬ 
ease  to  others,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

Sec.  5.  Changing  wearing  apparel.  Whoever  having 
been  in  attendance  upon  any  person  suffering  from  small-pox 
or  other  contagious  or  infectious  disease,  as  physician,  nurse  or 
otherwise,  shall  fail  to  change  or  purify  his  wearing  apparel  be¬ 
fore  going  into  any  street  or  other  public  place  within  this  city, 
or  whoever  shall  in  anv  manner  conduct  himself  so  as  to  en- 
danger  the  spreading  of  such  disease,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  6.  Bringing  persons  or  clothing  infected  into  city. 

Whoever  shall  bring  into  this  city  any  person  suffering  from 
small-pox  or  other  like  contagious  or  infectious  disease,  or  who¬ 
ever  shall  bring  within  this  city  any  clothing,  bedding,  or  other 
article  or  thing  infected  with  any  such  disease,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

Sec.  7.  Certain  meats  not  to  be  sold.  Whoever  shall 
sell,  offer  or  expose  for  sale  within  the  city  of  Marseilles  the 
meat  of  any  calf,  pig  or  lamb,  which  at  the  date  of  being 
butchered  or  slaughtered  was  less  than  four  weeks  old,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  8.  What  animals  condemned.  All  animals  found  on 
either  ante-mortem  or  post-mortem  examination  to  be  affected 
as  follows:  Hog  cholera,  swine  plague,  charbon  or  anthrax, 
rabies,  malignant  epizootic,  catarrh,  pyaemia,  septicaemia, 
mange  or  scab  in  advanced  stages,  actinomycosis  or  lump  jaw, 
inflammation  of  the  lungs,  intestines  or  peritoneum,  Texas  fever, 
tuberculosis,  animals  in  advanced  stages  of  pregnancy  or  which 
recently  have  given  birth  to  young,  any  disease  or  injury  caus¬ 
ing  elevation  of  temperature  so  as  to  effect  the  system  of  the 
animal  to  a  degree  which  would  make  the  flesh 
unfit  for  human  food,  shall  be  condemned,  and  any  organ  or  part 
of  the  carcass  which  is  badly  bruised  shall  be  condemned,  and 


Official  Printing. 


115 


the  carcasses  thereof  shall  not  be  offered  or  exposed  for  sale. 
Any  person  violating  this  section  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  9.  Selling  diseased  food.  Whoever  shall  within 
this  city  sell,  offer  or  expose  for  sale  any  diseased  animal,  poul¬ 
try  or  fish,  or  any  tainted  or  spoiled  meat  or  unsound  and  un¬ 
wholesome  provisions  whatever,  to  be  used  for  human  food, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

Sec.  10.  Selling  adulterated  milk — unwholesome  food. 

Whoever  shall  within'  this  city,  expose  or  offer  for  sale  any 
adulterated  milk  mixed  with  water,  chalk  or  other  substance; 
or  offer  for  sale  any  decayed  or  unwholesome  fruit  or  vegetable 
for  human  consumption  shall  be  fined  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars  for  each  offense. 


CHAPTER  XXII. 

OFFICIAL  PRINTING. 


Section  1. 

2. 

3. 

4. 

5. 


Clerk  to  advertise  for  bids. 
Publish  ten  days — bids. 
Bids  opened. 

Forms. 

Contract. 


Section  1.  Clerk  to  advertise  for  bids.  On  the  first  day 
of  May  in  each  year  or  as  soon  thereafter  as  may  be,  the  city 
clerk  shall  advertise  in  the  official  newspaper  of  the  city  for 
separate  bids  covering  the  following  work : 

First.  For  the  publication  in  a  newspaper  published  in  the 
city  of  Marseilles  and  printed  in  the  English  language,  during 
the  next  fiscal  year  and  until  a  new  contract  is  awarded,  of  all 
the  proceedings  of  the  city  council,  and  all  ordinances  passed 


116 


Official  Printing. 


by  the  city  council  and  of  all  other  matters  and  things  pertain¬ 
ing  to  the  city  and  required  by  law  or  ordinance  to  be  pub¬ 
lished  in  a  newspaper. 

Second.  For  the  printing  and  furnishing  during  the  next 
fiscal  year  and  until  a  new  contract  be  awarded,  of  all  forms, 
stationary,  blanks,  briefs  and  abstracts  which  may  be  required 
by  the  several  departments  and  officers  of  the  city  government. 

Sec.  2.  Publish  ten  days — bids.  Such  advertisement 
shall  be  published  for  a  period  of  ten  days,  and  every  bid  for 
either  of  the  above  classes  of  work  shall  be  separately  sealed 
and  delivered  to  the  city  clerk  in  an  envelope  on  the  outside  of 
which  shall  be  stated  the  nature  of  the  enclosure. 

Sec.  3.  Bids  opened.  Such  bids  shall  be  opened  at  the 
first  regular  meeting  of  the  city  council  after  the  fifteenth  day 
of  May,  or  as  soon  thereafter  as  may  be,  by  the  city  clerk,  in 
the  presence  of  the  city  council  and  any  of  such  bidders  or 
other  persons  as  may  be  interested,  and  a  separate  contract  for 
each  class  of  work  shall  be  let  to  the  lowest  responsible  bidder 
therefor;  and  the  newspaper  to  which  shall  be  awarded  the  first 
class  of  work,  shall  be  the  official  newspaper  of  the  city.  Pro¬ 
vided,  however,  that  the  city  council  reserves  the  right  to  reject 
any  or  all  bids. 

Sec.  4.  Forms.  It  shall  be  the  duty  of  the  city  attorney 
to  prepare  and  file  in  the  office  of  the  city  clerk  on  or  before 
the  fifth  day  of  May  in  each  year  as  a  guide  to  bidders  one 
copy  of  all  forms  and  blanks  required  by  any  city  officer  by  law 
or  any  city  ordinance,  together  with  an  estimate  of  the  number 
of  each  which  will  be  required  by  the  city  during  the  next  mu¬ 
nicipal  year. 

Sec.  5.  Contract.  Upon  the  letting  of  any  such  contract, 
the  city  attorney  shall  draw  a  contract  between  the  city  of 
Marseilles  and  the  person  to  whom  the  same  has  been  awarded, 
which  contract  shall  be  properly  executed  in  duplicate  before 
such  person  shall  be  entitled  to  proceed  with  such  work. 


Free  Public  Library. 


117 


CHAPTER  XXIII. 


FREE  PUBLIC  LIBRARY. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 


Library  established. 

Mayor  to  appoint  directors. 

Term  of  office — removal — vacancies. 
Powers  of  directors. 

Who  may  use  library. 

Annual  tax  levy. 

Defacing  books — penalty. 

Defacing  building  etc. — penalty. 
Failure  to  return  books— penalty. 
Emergency. 


Section  1.  Library  established.  There  shall  be  and  is 
hereby  established  in  the  city  of  Marseilles  a  free  public  library 
and  reading  room  to  be  known  and  called  by  the  name  of  “The 
Marseilles  Public  Library. 

Sec.  2.  Mayor  to  appoint  directors.  The  mayor  of  the 
said  city  of  Marseilles  shall,  with,  the  approval  and  consent  of 
the  city  council,  before  the  first  day  of  July  A.  D.  1904,  appoint 
a  board  of  directors  for  said  library  and  reading  room  to  con¬ 
sist  of  nine  persons  chosen  from  the  citizens  at  large  with  refer¬ 
ence  to  their  fitness  for  such  office,  who  shall  serve  without  com¬ 
pensation.  Not  more  than  one  member  of  the  city  council  of 
the  city  of  Marseilles  shall  at  any  one  time  serve  on  said  library 
board. 

Sec.  3.  Term  of  office — removal — vacancies.  Said  di¬ 
rectors  shall  hold  office  one-third  of  their  number  for  one  year, 
one-third  for  two  years,  and  one-third  for  three  years  from  the 
first  day  of  July  following  their  appointment,  and  at  the  first 
regular  meeting  of  said  library  board  shall  cast  lots  for  their  re¬ 
spective  terms;  and  thereafter  the  mayor  of  said  city  shall, 
before  the  first  day  of  July  in  each  year  appoint  as  before,  three 
directors  to  take  the  places  of  the  retiring  directors,  who  shall 
hold  their  offices  for  three  years,  and  until  their  successors  are 


Free  Public  Library. 


1 18 


appointed  and  qualified.  The  mayor  may,  by  and  with  the 
consent  of  the  city  council,  remove  any  director  for  misconduct 
or  neglect  of  duty.  Vacancies  in  the  board  of  directors  oc¬ 
casioned  by  removals,  resignations  or  otherwise,  shall  be  report¬ 
ed  to  the  city  council,  and  the  same  shall  be  filled  by  the  said 
mayor  and  city  council  in  like  manner  as  original  appointments 
are  made. 

Sec.  4.  Powers  of  directors.  Such  board  of  directors 
shall  have  such  powers  and  duties  as  are  now,  or  may  hereafter 
be  accorded  them  by  the  statutes  of  the  state  of  Illinois,  pro¬ 
viding  for  the  establishment  and  maintenance  of  free  public 
libraries  and  reading  rooms  in  cities,  and  shall  conduct  the  af¬ 
fairs  of  said  library  in  accordance  with  said  statutes. 

Sec.  5.  Who  may  use  the  library.  The  library  and  read¬ 
ing  room  hereby  established  shall  be  forever  free  to  the  use  of 
the  inhabitants  of  the  said  city  of  Marseilles,  subject  however, 
to  such  reasonable  rules  and  regulations  as  said  library  board 
may  adopt  in  order  to  render  the  use  of  the  said  city  library 
and  reading  room  of  the  greatest  benefit  to  the  greatest  number; 
and  said  board  may  exclude  from  the  use  of  said  library  and 
reading  room  any  and  all  persons  who  shall  willfully  violate 
such  rules;  and  said  board  may  extend  the  privileges  and  use  of 
said  library  and  reading  rooms  to  persons  residing  outside  of 
said  city  of  Marseilles,  upon  such  terms  and  conditions  as  said 
board  may  from  time  to  time  by  its  regulations  prescribe. 

Sec.  6.  Annual  tax  levy.  The  city  council  of  said  city  of 
Marseilles  shall  annually  levy  a  tax  of  two  mills  on  the  dollar 
on  all  the  taxable  property  in  the  said  city  of  Marseilles,  which 
tax  shall  be  levied  at  the  same  time  and  collected  in  like  man¬ 
ner  as  the  general  tax  of  said  city.  Said  tax  shall  be  known  as 
“Public  Library  Fund”  and  as  such  is  hereby  appropriated  by 
the  city  council  of  said  city  of  Marseilles  for  the  purpose  of 
maintaining  the  library  and  reading  room  hereby  established. 

Sec.  7.  Defacing  books — penalty.  Any  person  who  shall 
intentionally  cut,  tear,  deface,  injure,  or  write  upon  any  book, 
newspaper,  plate  engraving  or  other  things  of  value  belonging 
to  the  said  public  library  of  the  said  city  of  Marseilles,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 


Corporate  Seal. 


119 


Sec.  8.  Defacing  building,  etc. — penalty.  Any  person 
who  shall  injure  or  deface  any  building  or  buildings  of  said  pub¬ 
lic  library  of  the  said  city  of  Marseilles,  or  the  grounds,  fixtures 
or  other  property  thereof,  shall  be  fined  not  less  than  five  dol¬ 
lars  nor  more  than  two  hundred  dollars  for  each  offense. 

Sec.  9.  Failure  to  return  books — penalty.  Any  person 
who  shall  fail  to  return  any  books,  periodical  or  newspaper,  or 
fail  or  refuse  to  pay  the  penalty  for  injury  done  to  any  book, 
periodical  or  paper,  belonging  to  the  said  free  public  library  of 
the  city  of  Marseilles,  according  to  the  by-laws  at  that  time  in 
force  for  the  government  and  regulation  of  said  free  public 
library,  shall  be  fined  not  less  than  three  dollars  nor  more  than 
two  hundred  dollars  for  each  offense. 

Sec.  10.  Emergency-  Inasmuch  as  an  emergency  exists 
this  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage,  approval  and  due  publication. 


CHAPTER  XXIV. 

CORPORATE  SEAL. 

Section  1.  Form  and  description  of  seal. 

2.  Custody  of  seal. 

Section  1.  Form  and  description  of  seal.  The  seal  cir¬ 
cular  in  form,  heretofore  provided  and  used  by  the  city  of  Mar¬ 
seilles,  with  the  inscription  “City  of  Marseilles,  LaSalle  Co., 
Ills.,”  around  the  outside  edge  of  said  seal,  and  the  words  and 
figures  “Incorporated  April  21,  1891.  SEAL”  within  the  inner 
circle  of  said  seal  shall  be  and  is  hereby  declared  to  be  the  cor¬ 
porate  seal  of  the  city  of  Marseilles.  Said  seal  shall  be  used  in 
all  cases  where  it  shall  be  required  by  the  laws  of  the  United 
States,  the  laws  of  any  of  the  several  states  of  the  United  States, 
the  laws  of  the  state  of  Illinois,  the  ordinances  of  the  city  of 
Marseilles  and  the  laws  and  customs  of  nations. 

Sec.  2.  Custody  of  seal.  The  corporate  seal  shall  be 
and  remain  in  the  custody  of  the  city  clerk. 


120 


Plats. 


CHAPTER  XXV. 

PLATS. 

Section  1.  Plats  to  be  approved  by  the  city  council. 

Section  1.  Plats  to  be  approved  by  the  city  council. 

Hereafter  every  map,  plat  or  subdivision  of  any  block,  lot,  sub¬ 
lot  or  part  thereof  or  any  piece  or  parcel  of  land  within  this  city 
shall  be  submitted  to  the  city  council  for  their  approval.  If 
such  map,  plat  or  sub-division  be  approved,  such  approval  shall 
be  entered  upon  the  record  of  the  proceedings  of  the  council 
and  the  mayor  shall  endorse  a  record  of  such  approval  upon 
such  map,  plat  or  subdivision  and  the  city  clerk  shall  attest  the 
same  and  affix  the  corporate  seal  thereto. 


Dram  Shop. 


121 


CHAPTER  XXVI. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 
23. 


DRAM  SHOP. 

Dram  shop  defined. 

License— term. 

Application  for  license. 

Bond. 

Issuance  of  license — return  of  fee. 

License  to  be  posted. 

Penalty  for  failing  to  post  license 
Selling  without  license — penalty. 

Dram  shops  to  be  closed  on  Sunday. 

Drunkenness — gambling. 

Selling  or  giving  minors  or  drunkards. 

Employment  of  minors— permitting  minors  or  drunk¬ 
ards  in  saloon. 

Notice  to  saloon  keepers. 

Loud  noises— quarreling— fighting. 

Concerts— singing. 

Saloon  to  be  closed  on  election  day. 

Saloon  to  be  closed  during  certain  hours. 

Evasions. 

Screens. 

Saloons  may  be  closed  by  proclamation. 

Nuisances. 

Women  of  ill-fame  not  allowed  in  saloon. 

Emergency. 


Section  1.  Dram  shop  defined.  A  dram  shop  within  the 
meaning  of  this  ordinance  is  a  place  where  spirituous  or  malt 
liquors  are  retailed  in  less  quantity  than  one  gallon,  and  intoxi¬ 
cating  liquors  shall  be  deemed  to  include  all  such  liquors  within 
the  meaning  of  this  ordinance. 

Sec.  2.  License — term.  The  city  council  may  grant  any 
proper  person  who  applies  therefor  a  license  to  keep  a  dram 
shop  within  this  city  for  a  term  of  one  year,  upon  such  person 
executing  a  bond  as  hereinafter  required,  and  paying  into  the 
city  treasury  in  advance  the  sum  of  six  hundred  dollars :  Pro¬ 
vided,  however,  that  no  license  shall  be  issued  to  any  person 


122 


Dram  Shop. 


unless  he  be  of  good  moral  character  nor  shall  any  person  keep 
a  dram  shop  at  more  than  one  place  within  this  city  at  the  same 
time,  and  no  license  shall  be  transferable,  except  by  special  con¬ 
sent  of  the  city  council  first  had  thereto,  nor  shall  any  license 
empower  the  selling  of  intoxicating  liquor  at  any  place  other 
than  the  place  mentioned  in  the  application,  and  all  licenses 
granted  shall  expire  upon  the  first  Monday  of  May  of  each  year 
in  which  they  are  issued :  Provided  further,  that  any  license  to 
keep  a  dram  shop  may  be  revoked  by  the  city  council  whenever 
they  shall  be  satisfied  that  the  person  or  persons  licensed  have 
violated  any  of  the  provisions  of  any  section  of  this  ordinance. 

Sec.  3.  Application  for  license.  Any  person  or  persons 
desiring  to  keep  a  dram  shop  within  this  city  shall  make  a 
written  application  to  the  city  council  for  a  license  therefor, 
which  application  shall  state  the  length  of  time  such  license  is 
desired,  the  place  where  such  dram  shop  is  to  be  kept,  the  name 
of  the  owner  of  such  place  and  such  application  shall  be  signed 
by  the  person  or  persons  applying  therefor,  and  shall  be  accom¬ 
panied  by  the  city  treasurer’s  receipt  for  the  license  fee,  for  the 
full  term  of  one  year,  and  a  bond  as  hereinafter  required. 

Sec.  4.  Bond.  Every  person  or  persons  making  applica¬ 
tion  for  a  license  to  keep  a  dram  shop  within  this  city  shall  file  a 
bond  with  such  application  in  the  penal  sum  of  three  thousand 
dollars  payable  to  the  people  of  the  state  of  Illinois  with  at  least 
two  good  and  sufficient  sureties,  free-holders  of  the  county  of 
LaSalle,  to  be  approved  by  the  city  council,  conditioned  that  he 
will  pay  to  all  persons  all  damage  that  they  may  sustain  either 
in  person  or  property  or  means  of  support  by  reason  of  the  per¬ 
son  so  obtaining  a  license  selling  or  giving  away  intoxicating 
liquors,  and  he  or  they  shall  give  a  further  bond  in  the  penal 
sum  of  one  thousand  dollars,  payable  to  the  city  of  Marseilles 
with  at  least  two  good  and  sufficient  sureties,  who  shall  be  free¬ 
holders  of  the  city  of  Marseilles,  conditioned  for  the  faithful  ob¬ 
servance  of  all  ordinances  now  in  force  or  may  be  hereafter 
adopted  by  this  city  in  relation  to  the  selling  or  giving  away  of 
intoxicating  liquors.  The  city  council  may  examine  any  person 
under  oath  who  is  offered  as  security  upon  such  bond,  and  re¬ 
quire  him  to  subscribe  and  swear  to  his  statement  in  regard  to 
his  pecuniary  ability  to  become  such  security.  Any  bond  taken 


Dram  Shop. 


123 


pursuant  to  this  section  may  be  sued  upon  for  the  use  of  any 
person,  or  his  legal  representatives,  who  may  be  injured  by 
reason  of  the  selling  or  giving  away  any  intoxicating  liquors  by 
the  person  so  licensed  or  his  agent  or  servant. 

Sec.  5.  Issuance  of  license — return  of  fee.  Upon  the 
approval  of  the  applicant  and  bond  by  the  city  council,  the  city 
clerk  shall  issue  to  such  applicant  a  license  to  keep  a  dram  shop 
at  the  place  described  in  such  application  and  for  the  period  of 
one  year  and  all  licenses  shall  expire  on  the  first  Monday  in  May 
of  each  and  every  year.  All  such  licenses  shall  be  issued  sub¬ 
ject  to  all  ordinances  of  said  city  of  Marseilles  then  in  force  and 
with  reference  to  any  ordinances  that  may  be  afterward  adopt¬ 
ed  by  the  city  council  of  said  city,  and  the  same  shall  be  signed 
by  the  mayor  and  countersigned  by  the  city  clerk.  In  case  any 
application  to  keep  a  dram  shop  shall  be  rejected  by  the  city 
council,  the  license  fee  therefor  paid  by  such  applicant  shall  be 
returned  to  him. 

Sec.  6.  License  to  be  posted.  All  persons  to  whom 
licenses  have  been  issued  to  keep  a  dram  shop  under  this  ordi¬ 
nance  shall  forthwith  cause  such  license  to  be  and  remain  post¬ 
ed  upon  some  conspicuous  part  of  the  bar  room  in  such  dram 
shop. 

Sec.  7.  Penalty  for  failing  to  post  license.  Any  person 
or  persons  to  whom  a  license  has  been  issued  who  shall  fail  to 
post  same  as  required  in  the  preceding  section,  or  who  not  be¬ 
ing  licensed,  shall  cause  or  permit  any  paper  or  document  pur¬ 
porting  to  be  a  license  to  be  or  remain  posted  as  aforesaid,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

Sec.  8.  Selling  without  license — penalty.  Whoever,  not 
having  a  license  to  keep  a  dram  shop,  shall,  by  himself  or  an¬ 
other,  either  as  principal,  clerk  or  servant,  directly  or  indirect¬ 
ly,  sell  or  give  away  within  this  city  any  intoxicating  liquor  in 
any  quantity  less  than  one  gallon,  or  in  any  quantity  to  be 
drank  upon  the  premises,  or  in  an  adjacent  room,  building, 
yard,  premises  or  place  of  public  resort,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 


124 


Dram  Shop. 


Sec.  9.  Dram  shops  to  be  closed  on  Sunday.  No  per¬ 
son  or  persons  engaged  in  the  retail  liquor  business  within  this 
city  shall  keep  his  or  their  dram  shop,  saloon  or  place  of  busi¬ 
ness  open  on  Sunday  or  on  said  day  sell,  give  away  or  deliver 
any  intoxicating  liquor  whatever,  or  permit  any  such  liquor  to 
be  used  or  drank  at  his  or  their  place  of  business,  or  in  any 
place  adjacent  thereto  under  his  or  their  control;  nor  shall,  on 
Sunday,  admit  any  person  or  persons  into  his  or  their  place  of 
business,  not  belonging  thereto  or  connected  therewith,  nor 
shall  he  or  they  admit  on  said  day  more  than  two  persons  for 
any  purpose  into  his  or  their  place  of  business,  and  he  or  they 
shall  inform  the  city  marshal  upon  the  morning  of  said  day  the 
names  of  the  persons  who  desire  to  help  or  assist  him  in  any 
work  necessary  to  be  performed  in  said  place  of  business.  Sun¬ 
day  as  used  in  this  section  shall  mean  the  first  day  of  the  week 
and  shall  comprise  and  include  the  time  between  the  time  of 
closing  as  hereinafter  provided  on  Saturday  night  until  the  time 
of  opening  on  Monday  morning.  Any  person  or  persons  vio¬ 
lating  any  of  the  provisions  of  this  section  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  10.  Drunkenness — gambling.  If  any  dram  shop 
keeper  shall  by  himself,  servant  or  clerk,  suffer  or  permit  any 
person  to  drink  to  excess  or  drunkenness  in  his  premises,  or 
suffer  or  permit  any  species  of  gambling  in  any  part  thereof,  or 
in  any  place  adjacent  thereto  under  his  or  their  control  he  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Sac.  11.  Selling  or  giving  to  minors  or  drunkards. 

Whoever  by  himself  or  his  agent  or  servant,  shall  sell  or  give 
away  any  intoxicating  liquor  to  any  minor  without  the  written 
order  of  his  parent,  guardian  or  family  physician,  or  any  per¬ 
son  intoxicated  or  who  is  in  the  habit  of  getting  intoxicated, 
shall  for  each  offense,  be  fined  not  less  than  twenty-five  dollars 

nor  more  than  one  hundred  dollars  for  each  offense. 

• 

Sec.  12.  Employment  of  minors — permitting  minors  or 
drunkards  in  saloon.  If  any  dram  shop  keeper  or  keepers  shall 
employ  any  minor  as  a  servant  or  clerk  in  his  or  their  dram 
shop  or  place  of  business  or  shall  harbor,  suffer  or  permit  any 


Dram  Shop. 


125 


minor  or  intoxicated  person,  or  person  in  the  habit  of  getting 
intoxicated  to  be  or  remain  or  loiter  in  or  about  his  place  of 
business,  he  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

Sec.  13.  Notice  to  saloon  keepers.  Whenever  the  wife 
or  any  other  relative  or  the  mayor  of  the  city  by  notice  in  writ¬ 
ing  personally  served  shall  make  a  reauest  to  any  dram  shop 
keeper  not  to  sell  or  in  any  manner  give  away  intoxicating 
liquor  to  any  person  or  persons  addicted  to  the  use  of  intoxi¬ 
cating  liquor,  it  shall  thereafter  be  unlawful  for  such  dram  shop 
keeper  to  sell  or  give  away  any  such  liquor  to  such  person.  Any 
person  or  persons  violating  the  provisions  of  this  section  shall 
be  fined  not  less  than  twenty  dollars  nor  more  than  fifty  dollars 
for  each  offense. 

Sec.  14.  Loud  noises  —  quarreling  —  fighting.  If  any 

dram  shop  keeper  within  this  city  shall  suffer  any  loud  or  bois¬ 
terous  talking  or  obscene  or  profane  language,  quarreling,  sing¬ 
ing  or  fighting,  or  any  other  disturbance  in  his  or  their  place  of 
business  so  that  the  same  may  be  heard  by  persons  passing 
along  the  public  streets  or  public  place  in  the  vicinity  thereof, 
or  to  persons  residing  or  doing  business  in  the  neighborhood 
thereof  he  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  15.  Concerts — singing.  If  any  dram  shop  keeper 
within  this  city  shall  suffer  or  permit  any  concert  or  singing  or 
playing  on  any  musical  instrument  in  his  dram  shop  or  place  of 
business  or  in  any  place  adjacent  thereto  and  under  his  or  their 
control,  he  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  16.  Saloons  to  be  closed  on  election  day.  If  any 

dram  shop  keeper  shall,  on  any  general  or  special  election  day, 
or  day  on  which  any  citv,  town,  county  or  state  election  is  held 
within  said  city,  keep  open  or  permit  to  be  kept  open  his  or 
their  dram  shop  or  place  of  business,  or  if  he  shall  on  such  day 
sell  or  give  away  any  intoxicating  liquor  whatever,  or  permit 
any  such  liquor  to  be  used  or  drank  in  his  or  their  place  of 
business  or  in  any  room  or  place  adjacent  thereto  and  under 
his  or  their  control,  or  shall  carry  out  any  such  liquor  to  sell  or 


126 


Dram  Shop. 


give  the  same  away  he  or  they  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  17.  Saloons  to  be  closed  during  certain  hours.  If 

any  dram  shop  keeper  within  this  city  shall  suffer  or  permit  his 
or  their  dram  shop  or  place  of  business  or  any  room  adjacent 
thereto  and  under  his  or  their  control  to  remain  open  or  shall 
sell  any  intoxicating  liquors  therein  after  io  o’clock  sharp  P.  M. 
of  any  day  or  before  5  o’clock  A.  M.  of  any  day  he  shall  be 
lined  not  less  than  twenty  dollars  nor  more  than  one  hundred 
dollars  for  each  offense ;  and  if  any  person  not  belonging  thereto 
or  connected  therewith  shall  be  found  in  any  such  dram  shop 
after  said  time  said  dram  shop  shall  be  deemed  open  within  the 
meaning  of  this  section. 

Sec.  18.  Evasions.  The  giving  away  of  intoxicating 
liquors,  or  other  shift,  subterfuge  or  device  to  evade  the  pro¬ 
visions  of  this  ordinance  shall  be  held  within  the  meaning  and 
intent  and  shall  be  deemed  violations  thereof. 

Sec.  19-  Screens.  At  all  times  provided  in  this  ordi¬ 
nance  that  dram  shops  are  required  to  be  closed  any  person  or 
persons,  keeper  or  keepers  of  dram  shops  within  this  city  shall 
remove  all  screens,  partitions,  blinds  or  painted  windows  that 
will  obstruct  the  view  from  the  outside  into  any  dram  shop, 
saloon  or  place  of  business  kept  within  this  city  so  that  a  clear 
and  unobstructed  view  mav  be  obtained  of  the  entire  inside  of 
said  dram  shop,  saloon  or  place  of  business,  and  all  wine  rooms 
shall  be  so  constructed  that  when  said  dram  shop,  saloon  or 
place  of  business  is  closed  that  the  door  of  the  same  .shall  open, 
so  that  a  clear  and  unobstructed  view  can  be  obtained  into  said 
wine  rooms  from  the  outside  of  said  dram  shop,  saloon  or  place 
of  business,  and  he  or  they  shall  keep  a  light  burning  in  said 
dram  shop  during  the  night.  Any  person  or  persons  violating 
any  provisions  of  this  section  shall  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  20.  Saloons  may  be  closed  by  proclamation.  When¬ 
ever,  in  the  opinion  of  the  mayor  or  city  council,  the  public 
peace  is  likely  to  be  endangered  by  the  keeping,  open  of  dram 
shops  within  this  city  it  shall  be  lawful  for  the  mayor  to  issue 
his  proclamation,  under  the  seal  of  the  city,  commanding  all 


Dram  Shop. 


127 


dram  shop  keepers  to  dose  their  places  of  business  for  such 
time  as  the  mayor  or  city  council  shall  deem  necessary;  and  if, 
during  such  time,  any  person  or  persons  shall  disobey  such  pro¬ 
clamation  by  keeping  open  his  or  their  dram  shop  or  place  of 
business,  or  by  selling  or  giving  away,  or  suffering  to  be  drank 
on  or  about  his  premises,  any  intoxicating  liquors,  he  or  they 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

Sec.  21.  Nuisances.  All  places  where  intoxicating 
liquors  are  sold  or  given  away  in  violation  of  this  ordinance, 
shall  be  deemed  common  nuisances,  and  the  keepers  of  all  rooms, 
taverns,  eating  houses,  bazaars,  restaurants,  drug  stores,  gro¬ 
cery  stores,  coffee  houses,  cellars  or  other  places  where  intoxi¬ 
cating  liquors  are  sold  or  given  away  in  violation  of  this  ordi¬ 
nance,  by  himself  or  his  servant  or  agent  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
offense:  Provided,  that  druggists  who  may  sell  for  medicinal, 
mechanical,  sacramental  or  chemical  purposes  only,  shall  not  be 
deemed  to  be  within  the  provisions  of  this  section. 

Sec.  22.  Women  of  ill-fame  not  allowed  in  saloons.  If 

any  dram  shop  keeper  shall  suffer  or  permit  any  woman  of  ill- 
fame  to  be  or  remain  in  his  dram  shop  or  shall  suffer  or  permit 
his  dram  shop  or  any  room  adjacent  thereto  and  under  his  con¬ 
trol  to  be  used  as  a  place  for  fornication  or  adultery,  he  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense;  and  whoever  shall  be  convicted 
under  this  section  shall  be  deemed  of  bad  moral  character  and 
his  license  shall  forthwith  be  canceled,  and  no  license  to  keep  a 
dram  shop  shall  thereafter  be  issued  to  him  by  this  city. 

Sec.  23.  Emergency.  It  is  hereby  declared  that  an  em¬ 
ergency  exists  and  that  this  ordinance  shall  be  in  force  from 
and  after  its  adoption  and  publication. 


128 


Insurance  Companies. 


CHAPTER  XXVII. 

INSURANCE  COMPANIES. 


Section  1. 
2. 

3. 

4. 


License  fee — how  computed. 

Agents  to  make  report — pay  license  fee. 
Penalty. 

Duty  of  treasurer  in  regard  to  said  fund. 


Section  1.  License  fee — how  computed.  All  corpora¬ 
tions,  companies  or  associations  not  incorporated  under  and  by 
virtue  of  the  laws  of  the  state  of  Illinois,  and  engaged  in  the 
business  of  effecting  fire  insurance  in  the  city  of  Marseilles,  shall 
pay  to  the  city  a  license  fee,  which  shall  amount  to  the  sum  of 
two  dollars  on  each  one  hundred  dollars  of  the  net  receipts  of 
their  agency  doing  business  in  this  city,  and  at  that  rate  upon 
the  amount  of  all  premiums  which  during  the  half  year  ending 
on  every  first  day  of  July  and  January,  shall  have  been  received 
for  any  insurance  effected  or  agreed  to  be  effected  in  the  city  of 
Marseilles  by  or  with  such  corporation,  companies  or  associ¬ 
ations  or  their  agents  respectively. 

Sec.  2.  Agents  to  make  report — pay  license  fee.  Every 
person,  firm  or  corporation  who  shall  act  in  the  city  of  Mar 
seilles  as  agent  or  otherwise,  for  or  on  behalf  of  any  such  cor¬ 
poration,  company  or  association,  shall  on  or  before  the  fifteenth 
day  of  July  and  January,  in  each  year,  render  to  the  city  clerk 
of  the  city  of  Marseilles  a  full,  true  and  just  account,  verified 
by  his  oath,  of  all  premiums  which  on  the  half  year  ending  on 
every  first  day  of  July  and  January  preceding  such  report, 
shall  have  been  received  by  him,  or  any  other  person  for  him, 
in  behalf  of  any  such  corporation,  company  or  association  and 
shall  specify  in  said  account  the  amount  received  for  fire  insur¬ 
ance.  Such  agent  shall  also  pay  over  to  the  city  treasurer,  at 
the  time  of  rendering  the  aforesaid  account  the  amount  of  rates 
for  which  the  company,  companies  or  associations  represented 
by  them  are  chargeable  by  virtue  of  section  one  of  this  ordi¬ 


nance. 


Insurance  Companies. 


129 


Sec.  3.  Penalty.  If  such  account  is  not  rendered  on  or 
before  the  day  hereinbefore  designated  for  that  purpose,  or  if 
the  said  rates  shall  remain  unpaid  after  that  day.  it  shall  be  un¬ 
lawful  for  any  corporation,  company  or  association  so  in  de¬ 
fault  to  transact  any  business  of  insurance  in  the  city  of  Mar¬ 
seilles  until  the  said  requisition  shall  have  been  fully  complied 
with ;  but  this  provision  shall  not  relieve  any  company  from 
the  payment  of  any  risk  that  may  be  taken  in  violation  hereof. 
Any  person,  firm  or  corporation  violating  any  of  the  provisions 
of  this  ordinance  shall  be  proceeded  against  under  the  statutes 
of  the  state  of  Illinois  in  such  case  made  and  provided. 

Sec.  4.  Duty  of  treasurer  in  regard  to  said  fund.  It 

shall  be  the  duty  of  the  city  treasurer  to  keep  all  moneys  paid 
into  the  city  treasury  under  and  by  virtue  of  this  ordinance  in 
a  separate  fund  to  be  drawn  upon  by  warrants  duly  ordered  by 
the  city  council  for  the  use  and  benefit  of  the  fire  department 
of  the  city  of  Marseilles. 


Licenses. 


Section  1. 

2. 

3. 

4. 


Section  1. 

2. 

3. 

4. 

5. 


Section  1. 

2. 

3. 

4. 


Section  1. 

2. 

3. 

4. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7, 


CHAPTER  XXVIII. 

LICENSES. 

ARTICLE  I. 

Applications  for  license. 

Issuance  of  license. 

License  for  only  one  year — not  transferable. 

Licenses  held  subject  to  ordinances — revocation. 

ARTICLE  II. 

Auctioneers. 

Auctioneers — No  sale  without  license  by  auction. 
Bond. 

License  fee. 

Penalty  for  violating  ordinance. 

Deceiving  bidders — penalty. 

ARTICLE  III. 

Billiard  and  Pool  Tables. 

License  fee. 

Penalty  for  keeping  table  without  license. 

To  be  closed  at  certain  hours  and  on  Sundays. 
Minors  not  to  be  admitted. 

ARTICLE  IV. 

Bowling  Alleys. 

License  fee. 

Penalty  for  keeping  bowling  alley  without  license. 
To  be  closed  at  certain  hours  and  on  Sunday. 
Minors  not  to  be  admitted. 

ARTICLE  V. 

Junk  Shops. 

Shall  obtain  license. 

License  fee — bond. 

Shop  open  to  inspection. 

Not  to  purchase  from  intoxicated  persons  or  minors. 
Shops  to  be  closed  at  certain  hours. 

No  sale  within  one  week. 

Emergency. 


Licenses 


131 


ARTICLE  VI. 
Druggists. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 


Shall  obtain  permit. 

Applications  for  permits — how  obtained. 

Bond. 

Expiration  of  permits. 

Liquor  to  be  sold  for  sacramental,  chemical,  medici¬ 
nal  or  mechanical  purposes  only. 

Precautions. 

Revocation  of  permits. 

City  clerk  to  keep  register. 

Penalty. 


Section  1.  Applications  for  license.  Any  person  or  per¬ 
sons  desiring  a  license  from  the  city  of  Marseilles,  shall  pay  to 
the  city  treasurer  the  amount  required  for  such  license  and  shall 
take  a  receipt  therefor,  which  receipt,  together  with  his  or  their 
written  application  and  bond,  to  be  approved  by  the  city  clerk 
where  a  bond  is  required,  shall  be  filed  in  the  office  of  the  city 
clerk.  Such  applications  shall  be  personally  signed  by  the  per¬ 
son  or  persons  desiring  such  license,  and  shall  state  the  purpose 
and  time  for  which  the  license  is  desired,  and  the  place  where 
the  business  for  which  the  license  is  sought  is  to  be  conducted. 

Sec.  2.  Issuance  of  license.  Upon  the  filing  of  such  ap¬ 
plication  receipt  and  bond,  where  a  bond  is  required,  the  city 
clerk  shall  issue  a  license  which  shall  contain  the  name  or  names 
of  person  or  persons  to  whom  granted,  kind  of  business  thereby 
authorized,  the  date  of  the  expiration  thereof,  and,  where  it  is 
a  local  business,  street  and  number  where  such  business  shall  be 
carried  on,  which  license  shall  be  signed  by  the  mayor,  counter¬ 
signed  by  the  city  clerk  and  attested  by  the  corporate  seal.  All 
such  licenses  shall  expressly  state  that  they  are  subject  to  all 
the  ordinances  then  in  force  or  which  may  hereafter  be  passed. 

Section  3.  License  for  only  one  year — not  transferable. 

No  license  shall  be  granted  for  a  longer  period  than  one  year, 
nor  be  transferable  without  the  express  consent  of  the  city 
council,  nor  shall  it  authorize  any  person  other  than  the  one 
therein  named  to  conduct  the  business  therein  specified,  nor 
shall  it  authorize  the  carrying  on  of  business  at  any  other  place 
than  as  specified  in  the  license,  and  when  bond  is  required  by 


132 


Licenses. 


ordinance  the  same  shall  be  subject  to  the  approval  of  the  city 
clerk,  except  as  otherwise  specially  provided  by  ordinance. 
Every  licensee  shall,  upon  demand,  exhibit  his  license  to  any 
city  officer. 

Sec.  4.  Licenses  held  subject  to  ordinances— revocation. 

Every  license  except  where  otherwise  specially  provided,  shall 
be  issued  and  held  subject  to  all  ordinances  and  police  regula¬ 
tions  then  existing  or  afterward  adopted  and  subject  to  revoca¬ 
tion  in  the  discretion  of  the  mayor  or  the  city  council  at  any 
time  on  refunding  the  pro  rata  share  of  the  license  fee  for  the 
unexpired  term  of  such  license ;  and  on  the  conviction  of  any 
licensee  of  a  breach  of  any  ordinance  of  the  city  regulating  the 
business  therein  licensed,  the  mayor  or  city  council  may  declare 
such  license  forfeited  without  the  repayment  of  any  part  of 
the  license  fee. 

ARTICLE  II. 

AUCTIONEERS. 

Section  1.  Auctioneers  —  No  sale  without  license  by 
auction.  No  sale  of  goods,  chattels  or  of  other  personal  prop¬ 
erty,  except  sales  made  under  legal  process,  shall  be  made  with¬ 
in  this  city  by  auctioneer  or  any  other  person,  unless  he  shall 
first  obtain  a  license  from  the  city  clerk  therefor. 

Sec.  2.  Bond.  Every  person  desiring  to  sell  goods  at 
auction  within  this  city  shall  execute  a  bond  to  the  city  of  Mar¬ 
seilles  in  the  penal  sum  of  twenty-five  dollars,  with  two  or  more 
persons  residing  within  this  city  as  sureties,  conditioned  for  the 
strict  observance  of  all  ordinances  of  the  city  respecting  auc¬ 
tions  and  auctioneers,  which  bond  shall  be  filed  with  the  appli¬ 
cation  of  such  person  for  license. 

Sec.  3.  License  fee.  There  shall  be  charged  for  every 
license  granted  to  any  auctioneer  under  the  provisions  of  this 
chapter,  for  one  year,  fifty  dollars;  for  six  months,  thirty-five 
dollars;  for  three  months,  twenty  dollars;  for  one  day,  three  dol¬ 
lars;  and  no  license  shall  issue  for  any  term  except  as  above 
provided,  except  that  a  license  may  be  issued  for  any  number 
of  days  upon  the  payment  of  the  sum  of  three  dollars  for  every 
day  such  license  is  desired :  Provided  that  a  license  for  the  sale 
of  second-hand  mechanics’  tools  can  be  obtained  upon  the  pay¬ 
ment  of  one  dollar  per  day  . 


Licenses. 


133 


Sec.  4.  P&nalty  for  violating  ordinance.  Whoever  shall 
sell  or  attempt  to  sell  at  public  auction  within  the  city  of  Mar¬ 
seilles,  any  goods,  chattel  or  personal  property,  without  having 
first  obtained  a  license  therefor,  or  whoever  shall  violate  any 
other  provision  of  this  article,  or  shall  in  any  other  particular 
wilfully  fail  or  refuse  to  comply  with  any  of  its  terms,  con¬ 
ditions  or  requirements,  shall  be  fined  not  less  than  three  dol¬ 
lars  nor  more  than  one  hundred  dollars,  for  each  offense. 

Sec.  5.  Deceiving  bidders — penalty.  Whoever  shall  ex¬ 
hibit  and  offer  for  sale  at  auction  any  article  and  induce- its  pur¬ 
chase  by  any  bidder,  and  shall  afterward  substitute  any  other 
article  for  the  one  so  exhibited  with  the  intent  to  deceive  and 
defraud  such  bidder,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars;  and  the  license  of  such  person  shall  be 
deemed  to  be  forfeited. 


ARTICLE  III. 

BILLIARD  AND  POOL  TABLES. 

Section  1.  License  fee.  Every  applicant  for  a  license  to 
keep  a  billiard  or  pool  table  or  box  ball,  pigeon  hole  or  other 
such  table  within  this  city,  shall  pay  for  each  such  table  a  fee  of 
five  dollars,  and  such  license  shall  expire  at  the  end  of  the  cur¬ 
rent  municipal  year. 

Sec.  2.  Penalty  for  keeping  table  without  license. 

Whoever  shall,  within  the  limits  of  this  city,  keep  any  billiard 
or  pool  table  or  box  ball  or  pigeon  hole  table  to  be  used  or 
played  upon  by  others  for  hire  or  gain,  without  having  first 
obtained  a  license  therefor,  shall  be  fined  not  less  than  ten  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  3.  To  be  closed  at  certain  hours  and  on  Sundays. 

All  billiard  and  pool  rooms  within  this  city  shall  not  allow  games 
to  be  run  on  Sunday,  and  on  week  days  shall  close  games  at 
10:15  o’clock  p.  m.  sharp,  and  place  of  business  at  10:30  o’clock 
p.  m.,  and  shall  not  be  opened  before  5  o’clock  a.  m.  Whoever 
violates  any  of  the  provisions  of  this  section  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  4.  Minors  not  to  be  admitted.  No  keepers  of  any 
billiard  or  pool  room  within  this  city  shall  permit  any  person 


Licenses. 


134 


under  the  age  of  twenty-one  years  to  play  at  any  game  upon 
any  table  kept  by  him,  nor  shall  he  permit  any  such  person  to 
frequent  his  place  of  business,  or  to  loiter  or  remain  therein, 
unless  upon  the  written  consent  of  the  parent  or  guardian  of 
such  person.  Whoever  violates  any  of  the  provisions  of  this 
section  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

ARTICLE  IV. 

BOWLING  ALLEYS. 

Section  1.  License  fee.  Every  applicant  for  a  license  to 
keep  a  bowling  alley  within  this  city,  shall  pay  for  each  indi¬ 
vidual  alley  or  incline  maintained  by  him  within  this  enclosure, 
a  fee  of  ten  dollars  and  such  license  shall  expire  at  the  end  of 
the  current  municipal  year. 

Sec.  2.  Penalty  for  keeping  bowling  alley  without 
license.  Whoever  shall, -within  the  limits  of  the  city,  keep  any 
bowling  alley  to  be  used  or  played  upon  by  others  for  hire  or 
gain,  without  first  having  obtained  a  license  therefor,  or  who¬ 
ever  shall  keep  more  alleys  or  inclines  within  his  enclosure  than 
are  mentioned  in  his  license,  shall  be  fined  not  less  than  ten  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  3.  To  be  closed  at  certain  hours  and  on  Sundays. 

All  bowling  alleys  within  this  city  shall  remain  closed  on  Sun¬ 
day,  and  on  week  days  shall  close  at  ten  o’clock  p.  m.  sharp, 
and  shall  not  be  opened  before  5  o’clock  a.  m.  Whoever  vio¬ 
lates  any  of  the  provisions  of  this  section  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  4.  Minors  not  to  be  admitted.  No  keeper  of  any 
bowling  alley  within  this  city  shall  permit  any  person  under  the 
age  of  twenty-one  years  to  play  at  any  game  upon  any  incline 
or  alley  kept  by  him,  nor  shall  any  such  person  be  permitted  to 
frequent  his  place  of  business,  or  to  loiter  or  remain  therein  un¬ 
less  upon  the  written  consent  of  the  parent  or  guardian  of  such 
person.  Whoever  violates  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty  dol¬ 
lars  for  each  offense. 


Licenses 


135 


ARTICLE  V. 

JUNK  SHOPS. 

Section  1.  Shall  obtain  license.  Whoever  shall  within 
this  city,  keep  any  shop,  store  or  other  place,  or  shall  engage  in 
the  business  of  transient  junk  dealer,  for  the  purchase,  sale  or 
barter  of  junk,  old  metal  and  second-hand  articles,  without  first 
having  obtained  a  license  therefor,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense, 
and  every  day  such  place  is  so  kept,  or  said  business  so  engaged 
in,  after  first  conviction  shall  be  deemed  a  separate  offense. 

Sec.  2.  License  fee — bond.  The  keeper  of  such  shop  or 
place  of  business  shall  pay  a  license  of  five  dollars  per  year 
therefor;  all  transient  or  itinerant  junk  dealers  shall  pay  a 
license  of  two  dollars  per  day  and  shall  obtain  a  license  from  the 
city  clerk,  but  no  license  shall  be  issued  under  this  article  until 
the  applicant  shall  have  executed  a  bond  to  the  city  of  Mar¬ 
seilles  in  the  penal  sum  of  one  hundred  dollars,  with  good  and 
sufficient  sureties,  residents  of  the  city,  to  be  approved  by  the 
city  clerk,  conditioned  that  said  applicant  will  strictly  observe 
all  ordinances  of  the  city  for  the  regulation  of  junk  dealers  and 
junk  shops,  and  will  pay  all  fines  and  damages  incurred  on  ac¬ 
count  of  his  failure  in  that  behalf. 

Sec.  3.  Shop  open  to  inspection.  Every  junk  shop  with¬ 
in  this  city  and  all  articles  contained  therein,  may  at  any  time 
be  examined  by  the  mayor,  chief  of  police  or  any  alderman. 
Whoever  interferes  or  attempts  to  interfere  with  any  such  ex¬ 
amination  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

Sec.  4.  Not  to  purchase  from  intoxicated  persons  or 
minors.  No  junk  dealer  .shall  purchase  or  receive  any  article 
whatsoever  from  any  intoxicated  person,  suspicious  character 
or  from  any  minor,  without  having  first  obtained  the  written 
consent  of  guardian  of  such  minor,  in  which  written  consent 
shall  be  enumerated  the  specific  articles  to  be  sold  or  disposed 
of  by  said  minor,  and  said  written  consent  shall  be  no  bar  to  a 
prosecution  for  purchasing  or  receiving  articles  not  enumerated 
therein.  Whoever  violates  any  of  the  provisions  of  this  section 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 


136 


Licenses. 


Sec.  5.  Shops  to  be  closed  at  certain  hours.  Every 
such  junk  shop  shall  be  closed  between  the  hours  of  nine  o’clock 
in  the  eyening  and  six  o’clock  in  the  morning,  and  no  keeper 
thereof  shall  purchase  or  receive  any  of  the  articles  aforesaid 
between  said  hours.  Whoever  violates  any  of  the  provisions  of 
this  article  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

Sec.  6.  No  sale  within  one  week.  No  article  purchased 
or  received  by  such  junk  dealers  shall  be  sold  or  otherwise  dis¬ 
posed  of  until  at  least  one  week  from  the  date  of  its  purcha.se  or 
receipt  shall  have  elapsed.  Whoever  violates  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars.  Provided  this  section  shall  not  apply  to  any 
second-hand  goods  other  than  junk. 

Sec.  7.  Emergency.  It  is  hereby  declared  that  an  em¬ 
ergency  exists  and  that  this  ordinance  shall  take  effect  from 
and  after  the  passage,  approval  and  publication  according  to  law. 

ARTICLE  VI. 

DRUGGISTS. 

Section  1.  Shall  obtain  permit.  All  druggists  or  phar¬ 
macists,  within  the  city  of  Marseilles,  who  have  complied  with 
the  statutes  of  Illinois  relating  to  pharmacists,  desiring  to  sell 
intoxicating  liquor  for  chemical,  mechanical,  sacramental  and 
medicinal  purposes  within  said  city  may  obtain  a  permit  there¬ 
for  in  the  manner  hereinafter  provided. 

Sec.  2.  Application  for  permits — how  obtained.  Such 
druggists  shall  first  file  with  the  city  clerk  an  application  for 
such  permit  stating  the  person  or  persons  in  whose  behalf  such 
permit  is  desired,  and  the  place  where,  and  the  person  or  per¬ 
sons  owning  the  rooms  or  building  where  such  business  is  to  be 
conducted,  and  all  permits  granted  under  this  ordinance  shall 
be  limited  to  the  person  or  persons  and  the  place  specified 
therein;  and  such  application  shall  contain  an  agreement  that 
the  applicant  or  applicants  will  faithfully  obey  all  ordinances  of 
the  city  of  Marseilles  relating  to  the  sale  of  intoxicating  liquors. 

Sec.  3.  Bond.  Upon  the  filing  of  such  application  and  a 
bond  as  provided  in  Section  5  of  Chapter  43,  Revised  Statutes 


Licenses. 


137 


of  Illinois  in  the  year  1874,  and  after  the  approval  of  such  bond 
by  the  city  council,  the  city  clerk  shall  issue  to  the  person  or 
persons  so  applying,  a  permit  as  follows: 

Know  all  Men  by  These  Presents: 

That . having  on  this  day  filed  in  the  office 

of  the  city  clerk  of  the  city  of  Marseilles  an  application  for  a 

Druggist’s  Permit 

to  sell  intoxicating  liquors  under  and  in  accordance  with  Article  1,  Chap¬ 
ter  XIX,  Revised  Ordinances  of  the  city  of  Marseilles:  Now,  therefore, 


the  said . . . is  hereby  authorized  to  sell  intoxicating  liquors 

at  No . street  in  said  city,  for  mechanical,  sacramental,  chemi¬ 


cal  and  medicinal  purposes  only. 

This  permit  expires  on  the  first  Tuesday  of  next  May,  and  is  grant¬ 
ed  subject  to  all  the  ordinances  of  said  city  that  now  exist  or  may  exist. 

Witness  my  hand  and  seal  of  said 

city  hereto  affixed,  this . day  of 

. A.  D.,  190 . 

City  Clerk . 

Sec.  4.  Expiration  of  permits.  All  such  permits  shall 
expire  on  the  first  Tuesday  of  May  next  following  their  issue. 

Sec.  5.  Liquors  to  be  sold  for  sacramental,  chemical, 
medicinal  or  mechanical  purposes  only.  Such  permits  shall 
only  authorize  the  druggists  to  whom  issued  to  sell  intoxicating 
liquor  for  sacramental,  chemical,  medicinal  or  mechanical  pur¬ 
poses  only,  and  when  the  druggist  believes  in  good  faith  it  is  to 
be  used  only  for  such  purposes,  and  has  no  reason  to  believe  to 
the  contrary. 

Sec.  6.  Precautions.  In  no  case  shall  it  be  lawful  for  a 
druggist  or  pharmacist  to  sell  or  give  away  intoxicating  liquor 
to  be  drank  in  or  upon  the  premises  occupied  by  such  pharma¬ 
cist  or  druggist,  or  in  or  upon  any  room,  building,  yard,  premis¬ 
es  or  place  of  public  resort  adjoining  thereto. 

Sec.  7.  Revocation  of  permits.  Any  permit  issued  under 
the  provisions  of  this  article  may  be  revoked  by  the  city  coun¬ 
cil  at  any  time  whenever  it  shall  appear  to  the  satisfaction  of 
the  council  that  the  holder  or  holders  of  such  permit  have  vio- 


138 


Licenses. 


lated  any  of  the  provisions  of  this  article,  or  any  of  the  statutes 
of  the  state  of  Illinois  relating  to  the  sale  of  intoxicating  liquors 

Sec.  8.  City  clerk  to  keep  register.  The  city  clerk  shall 
keep  a  register  of  all  permits  issued  under  this  article,  showing 
the  date,  to  whom  issued  and  the  location  named  in  such  permit. 

Sec.  9.  Penalty.  Any  failure  or  neglect  to  comply  with 
any  of  the  provisions  of  this  article  or  any  violation  of  any  of 
the  provisions  of  this  article  shall  subject  the  offender  to  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 


Plumbing. 


139 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

31. 

32. 

33. 

34. 


CHAPTER  XXIX. 

PLUMBING. 

Plumbing  license  required. 

How  license  procured— bond. 

License  not  to  extend  beyond  fiscal  year. 

Principal  responsible  for  acts  of  employee. 

Requisites  prior  to  sewer  connections. 

Plumbing  and  sewer  inspector. 

Duties  of  inspector. 

Permit  required. 

Plumbing  to  conform  to  regulations. 

Manner  of  laying  outside  sewer  work. 

Fall  required. 

Bends  and  turns. 

Certain  work  to  be  done  in  presence  of  inspector. 
Main  soil  pipe. 

Soil  and  waste  pipe  direct  as  possible. 

Ventilation  pipes. 

When  ventilating  pipe  used. 

Grade  of  cast  iron  pipes. 

Grade  of  lead  pipes. 

Waste  pipes  from  sinks  and  bath  tubs. 

Joints  in  waste  pipes. 

Connections  of  lead  and  iron  pipes. 

Traps  on  water  closets,  etc. 

Grease  traps. 

Anti-syphon  pipes,  combined  pipes,  non-vertical  pipes 
Drip  overflow  pipes. 

Waste  pipe  from  refrigerator,  etc. 

Tanks  for  water  closets. 

Urinals. 

Steam  or  exhaust  pipes. 

Cellar  drains. 

Wooden  wash  traps  and  sinks  prohibited. 

Inspection— tests. 

Violations  of  provisions  of  chapter — penalty. 


Section  1.  Plumbers’  license  required.  Any  person, 
firm  or  corporation  desiring  to  engage  in  or  work  at  the  busi¬ 
ness  of  plumbing  or  drain  laying,  in  the  city  of  Marseilles,  shall 


140 


Plumbing. 


first  obtain  a  license  from  the  city  council  for  each  establish¬ 
ment  or  place  of  business  to  be  maintained  by  him,  or  them, 
and  no  license  shall  be  issued  in  pursuance  of  this  chapter  to 
any  person,  firm  or  corporation  until  such  person,  firm  or  cor¬ 
poration  shall  have  complied  with  the  plumbing  laws  of  the 
state  of  Illinois,  and  shall  have  received  a  certificate  from  the 
nearest  authorized  local  board  of  examiners  as  provided  by  the 
plumbing  laws  of  the  state  of  Illinois. 

Sec.  2.  How  license  procured — bond.  Every  person, 
firm  or  corporation,  desiring  such  license,  shall  file  with  the  city 
clerk  an  application  in  writing  together  with  satisfactory  evi¬ 
dence  that  said  person,  firm  or  corporation  does  hold  and.  pos¬ 
sess  a  certificate  duly  issued  in  compliance  with  the  statute  of 
the  state  of  Illinois,  and  shall  also  file  with  the  application  a 
bond  in  the  penal  sum  of  two  thousand  dollars  running  to  the 
city  of  Marseilles,  with  two  sureties  to  be  approved  by  the  city 
council,  conditioned  for  the  faithful  performance  of  all  duties 
required  by  ordinance,  rules  and  regulations  of  the  city  council, 
and  that  he,  or  they  shall  and  will  guard  and  protect  any  exca¬ 
vation  and  defend,  save  and  keep  harmless  and  indemnified  the 
city  of  Marseilles,  from  all  actions,  suits,  costs,  damages  and 
expense  whatsoever,  including  attorneys’  fees,  which  shall  or 
may  at  any  time  be  brought  against  the  city  by  reason  of  any 
injuries  or  damage  received  or  sustained  by  any  person  or  per¬ 
sons  caused  by  any  negligence,  in  either  the  execution  or  pro¬ 
tection  of  his  or  their  work  or  from  any  unfaithful  or  inade¬ 
quate  work  done,  under  or  by  virtue  of  his  or  their  license. 

Sec.  3.  License  not  to  extend  beyond  fiscal  year.  Upon 
compliance  with  the  requirements  of  the  preceding  section  and 
upon  approval  by  the  city  council  of  the  bond  required,  a  license 
shall  be  issued  to  such  applicant,  which  shall  be  signed  by  the 
mayor  and  the  city  clerk,  and  no  license  shall  be  granted  for  a 
longer  period  of  time  than  one  year  or  the  unexpired  portion 
thereof,  so  that  all  such  licenses  shall  expire  on  the  first  Monday 
in  May  in  each  year. 

Sec.  4.  Principal  responsible  for  acts  of  employee — 
license  not  transferable.  All  licensed  plumbers  and  drain 
layers  shall  be  held  responsible  for  all  acts  of  their  employees 
and  agents  done  by  virtue  of  his  or  their  license,  and  when  two 


Plumbing. 


141 


or  more  persons  shall  become  partners  a  license  shall  be  issued 
in  the  name  of  the  firm  or  acting  partnership,  and  no  license 
shall  be  transferable. 

Sec.  5.  Requisites  prior  to  sewer  connection.  Every 
person  connecting  house  drainage  or  sewerage  of  any  kind  with 
the  city  sewer  system  shall,  on  making  application  for  his  per¬ 
mit,  pay  into  the  city  treasury  a  permit  fee  of  three  dollars  for 
said  permit  and  every  plumber  or  drain  layer  connecting  sewer¬ 
age  or  drainage  to  the  city  sewer  system,  shall  pay  into  the  city 
treasury  the  sum  of  five  dollars,  before  receiving  a  permit,  as  a 
guarantee  that  the  said  work  shall  be  done  in  a  good  workman¬ 
like  manner;  provided  that  any  plumber  depositing  five  dollars 
as  aforesaid  may  get  it  back  at  the  expiration  of  ninety  days 
after  the  completion  of  the  work  on  presenting  to  the  city  clerk 
a  certificate  from  the  sewer  inspector  certifying  that  the  work 
has  been  done  in  a  good  and  workmanlike  manner. 

Sec.  6.  Plumbing  and  sewer  inspector.  There  is  hereby 
created  the  offiice  of  plumbing  and  sewer  inspector.  The  city 
superintendent  of  streets  is  hereby  made  ex-officio  the  plumb¬ 
ing  and  sewer  inspector  in  and  for  the  city  of  Marseilles,  and  he 
shall  perform  such  duties  as  are  hereinafter  provided. 

Sec.  7.  Duties  of  inspector.  The  plumbing  and  sewer 
inspector  is  hereby  authorized  and  empowered,  and  it  shall  be 
his  duty  to  inspect  all  sewers  and  sewer  and  drain  tile  that  are 
laid  in  the  city  of  Marseilles,  and  shall  personally  supervise  all 
connections  that  are  made  to  public  sewers  and  see  that  all  ma¬ 
terial  shall  be  of  good  quality  and  free  from  defect,  and  that 
the  work  is  executed  in  a  scientific  and  workmanlike  manner. 
He  shall  see  that  excavations  or  trenches  in  any  street,  alley  or 
public  ground  is  left  in  as  good  condition  as  it  was  before  the 
work  was  commenced,  and  that  it  is  kept  so  for  at  least  three 
months  after  such  work  is  completed. 

Sec.  8.  Permit  required.  No  person,  firm  or  corpora¬ 
tion  shall  do  any  plumbing  or  drain  laying  or  make  any  con¬ 
nections  with  sewer,  drainage,  soil  or  waste  pipes  in  this  city, 
without  first  obtaining  a  permit  therefor  from  the  city  clerk 
signed  by  the  mayor.  A  permit  shall  be  taken  out  for  all  ex¬ 
cavations  or  trenches  in  the  streets,  alleys,  or  public  grounds  for 


142 


Plumbing. 


any  purpose  whatever  for  either  new  work  or  repairs,  and.  such 
permit  shall  be  kept  in  the  possession  of  the  person  having 
charge  of  such  work  and  shall  be  shown  to  any  city  official  or 
interested  person  on  request. 

Sec.  9.  Plumbing  to  conform  to  regulations.  The  con¬ 
struction,  maintenance  and  control  of  plumbing,  drainage  and 
sewer  laying  of  and  for  all  buildings  in  the  city  of  Marseilles 
shall,  hereafter,  conform  to  and  comply  with  the  rules  and  regu 
lations  contained  in  this  chapter.  J 

Sec.  10.  Manner  of  laying  outside  sewer  work.  The 

outside  drain  or  sewer  of  every  house  or  building,  shall  be  con¬ 
nected  with  the  street  sewer  with  vitrified  clay  pipes,  not  less 
than  six  inches  in  diameter,  and  must  be  free  from  flaws,  splits 
or  cracks,  perfectly  burned  and  well  glazed  over  the  entire  inner 
and  outer  surface  and  laid  on  a  smooth  bottom  with  a  special 
groove  cut  in  the  bottom  of  trench  for  each  hub,  and  the  space 
between  hub  and  pipe  shall  be  thoroughly  filled  with  portland 
cement  mortar.  The  joints  must  be  carefully  wiped  and  jointed 
and  all  mortar  that  may  be  left  inside  thoroughly  cleaned  out 
and  the  pipe  left  smooth  and  clean  throughout. 

Sec.  11.  Fall  required.  No  pipes  shall  be  laid  to  connect 
with  public  sewers,  with  less  fall  than  one  eighth  of  an  inch  per 
foot,  except  wfien  impossible  to  obtain  fall  required,  and  then 
only  bv  special  permission  of  sewer  inspector.  In  all  such  cases 
special  flushing  arrangements  must  be  made  to  insure  proper 
operation,  and  when  such  lesser  grades  are  used  a  surveyor  or 
engineer  must  be  employed  to  give  grade  stake. 

Sec.  12.  Bends  and  turns.  All  bends  and  turns  in  sewer 
must  be  made  with  one-sixteenth  or  one  eighth  bends,  and  all 
connections  with  street  sewer  with  “Y”  branches,  “T”  and  el¬ 
bows  shall  not  be  allowed;  and  in  no  case  shall  a  vitrified  clay 
or  terra  cotta  pipe  be  permitted  within  less  than  three  feet  of 
any  foundation  wall. 

Sec.  13.  Certain  work  to  be  done  in  presence  of  inspec¬ 
tor.  No  tile  or  other  sewer  shall  be  cut  into,  except  in  the  pres¬ 
ence  of  the  sewer  inspector,  and  no  vitrified  clay  or  terra  cotta 
pipe  shall  be  covered  until  inspected  and  the  work  done  ap¬ 
proved  by  said  inspector. 


Plumbing. 


143 


Sec.  14.  Main  soil  pipe.  The  main  soil  pipe  under  the 
building  shall  not  be  less  than  four  inches  in  diameter  and  it 
must  be  laid  in  a  trench  cut  at  uniform  grade,  but  it  may  be 
laid  along  the  foundation  walls  above  the  cellar  floor  properly 
supported.  A  brass  clean  cut  screw  shall  be  placed  for  each 
horizontal  line,  at  a  point  most  convenient  to  properly  clean 
out  the  whole  line. 

Sec.  15.  Soil  and  waste  pipe  direct  as  possible.  The 

arrangement  of  soil  and  waste  pipes  shall  be  as  direct  as  pos¬ 
sible.  All  changes  in  direction  of  horizontal  lines  shall  be  made 
with  “Y”  branches  containing  one-sixteenth  or  one-eighth 
bends. 

Sec.  16.  Ventilation  pipes.  Every  vertical  soil  pipe  shall 
extend  at  least  two  feet  above  the  roof  and  be  of  uniform  size, 
with  the  outlet  uncovered.  Every  pipe  that  is  used  for  venti¬ 
lation  shall  be  enlarged  to  four  inches,  two  feet  below  and 
through  the  roof,  and  in  no  case  shall  this  pipe  be  less  than  one 
inch  larger  than  the  main  ventilating  pipe,  and  it  shall  extend 
above  the  roof  and  be  uncovered. 

Sec  17.  When  ventilating  pipe  used.  Every  branch  or 
horizontal  line  of  soil  pipe  to  which  a  group  of  two  or  more 
water  closets  is  to  be  connected  shall  be  ventilated,  either  by  a 
special  ventilating  pipe  of  ample  size,  extending  at  least  two 
feet  above  the  roof,  or  by  connecting  said  ventilating  pipe  with 
the  main  soil  pipe  three  feet  or  more  above  the  highest  fixture. 

Sec.  18.  Grade  of  cast  iron  pipes.  All  drain  and  anti¬ 
syphon  pipes  of  cast  iron  shall  be  sound  and  free  from  holes  and 
be  of  uniform  thickness  and  coated  with  tar,  and  shall  be  extra 
heavy  and  have  not  less  than  the  following  weight-  2  inch  pipe, 
5  1-2  lbs.  per  foot;  3  inch  pipe,  9  1-2  lbs.  per  foot;  4  inch  pipe, 
13  lbs.  per  foot;  5  inch  pipe.  17  lbs.  per  foot;  6  inch  pipe,  20  lbs. 
per  foot;  8  inch  pipe,  35  1-2  lbs.  per  foot. 

Sec.  19.  Grade  of  lead  pipe.  Lead  pipes  may  be  used 
for  horizontal  lines  that  are  two  inches  or  less  in  diameter  and 
shall  have  not  less  than  the  following  weights:  1  1-4  inch  pipe, 
3  lbs.  per  foot;  1  1-2  inch  pipe,  4  lbs.  per  foot;  2  inch  pipe,  5 
lbs.  per  foot. 


144 


Plumbing. 


Sec.  20.  Waste  pipes  from  sinks  and  bath  tubs.  Waste 
pipes  from  wash  basins,  sinks  and  bath  tubs  shall  be  not  less 
than  i  1-4  inches  in  diameter,  and  wash-tray  waste  pipes  not 
less  than  1  1-2  inches  in  diameter. 

Sec.  21.  Joints  in  waste  pipes.  All  joints  in  cast  iron 
drain  or  soil  and  waste  pipes  shall  be  made  with  oakum  and 
run  with  molten  lead  and  these  properly  calked. 

Sec.  22.  Connections  of  lead  and  iron  pipes.  All  con¬ 
nections  of  lead  with  iron  pipe  shall  be  made  with  brass  or  com¬ 
bination  ferule  not  less  than  one-eighth  of  an  inch  in  thickness 
and  shall  be  put  in  the  hub  of  the  iron  pipe  and  calked  in  with 
molten  lead.  All  lead  pipes  shall  be  attached  to  the  ferule  by 
wiped  solder  joint. 

Sec.  23.  Traps  on  water  closetss  etc.  Every  water  closet, 
urinal,  sink,  basin,  wash-tray,  and  every  tub  or  set  of  tubs 
shall  be  separated  and  effectually  trapped.  An  approved  anti¬ 
syphon  trap  may  be  used  only  upon  a  written  permit  from  the 
sewer  inspector.  Traps  on  bath  tubs  must  be  placed  in  such  a 
manner  that  the  clean  out  will  be  in  full  view  and  above  the 
floor.  The  trap  must  be  placed  as  near  the  fixtures  as  practic¬ 
able  and  all  waste  pipes  shall  be  provided  with  strong  metallic 
strainers. 

Sec.  24.  Grease  traps*  All  sewers  connected  with 
butcher  shops,  lard  rendering  establishments,  hotels,  eating 
houses,  restaurants  and  laundries  shall  be  provided  with  suit¬ 
able  and  properly  ventilated  grease  traps.  And  no  soil  pipe 
shall  empty  into  a  grease  trap. 

Sec.  25.  Anti-syphon  pipes  —  combined  pipes  —  non¬ 
vertical  pipes.  Every  anti-syphon  pipe  shall  be  of  brass,  lead 
lined  wrought  iron,  galvanized  iron  or  steel,  or  cast  iron  pipe. 
They  may  be  combined  by  branching  together  those  which 
serve  several  traps.  When  three  or  more  vents  are  jointed  to¬ 
gether  the  main  pipe  shall  be  of  ample  size,  and  in  no  case  less 
than  two  inches  in  diameter.  All  pipes  not  vertical  must  have 
continual  use  to  avoid  collecting  water  by  condensation,  but  in 
no  case  shall  the  horizontal  vent  be  below  overflow  of  fixture. 

Sec.  26.  Drip  overflow  pipes.  All  drip  overflow  pipes 


Plumbing. 


145 


from  safes  under  wash  basin,  bath  tub,  urinals,  water  closets  or 
other  fixtures  shall  be  a  special  pipe  run  to  cellar  or  outside  the 
building.  And  in  no  case  shall  such  pipe  be  connected  with  the 
soil,  drain  or  waste  pipe. 

Sec.  27.  Waste  pipe  for  refrigerators,  etc.  No  waste 
pipe  from  a  refrigerator  or  other  receptacle  in  which  provisions 
are  stored,  shall  be  connected  with  any  drain,  soil  or  waste  pipe. 
Such  waste  pipe  shah  be  so  arranged  as  to  admit  of  frequent 
flushing,  and  shall  be  as  short  as  possible.  The  overflow  pipe 
from  tanks  and  waste  pipes  from  refrigerators  shall  discharge 
into  an  open  fixture  properly  trapped. 

Sec.  28.  Tanks  for  water  closets.  All  water  closets  with¬ 
in  buildings,  shall  be  supplied  with  water  from  suitable  sized 
tanks,  and  such  tanks  shall  not  be  used  for  any  other  purpose. 
The  flushing  pipes  of  all  tanks  shall  not  be  less  than  one  and 
one  Quarter  inches  in  diameter.  A  group  of  closets  may  be 
supplied  from  one  tank,  but  water  closets  on  different  floors 
shall  not  be  flushed  from  one  tank. 

Sec.  29.  Urinals.  Where  urinals  are  used  for  schools, 
public  or  private  buildings,  they  shall  be  of  non-absorbent  ma¬ 
terial  and  be  properly  supplied  with  water. 

Sec.  30.  Steam  or  exhaust  pipes.  No  steam  or  exhaust 
blow-off  or  drip  pipe  shall  connect  with  the  sewer  or  other  house 
drain,  soil  or  waste  pipe.  Such  pipe  shall  discharge  into  a  tank 
or  condenser;  from  which  a  suitable  outlet  into  house  drain 
shall  be  provided. 

Sec.  31.  Cellar  drains.  No  openings  will  be  permitted 
in  the  drain  pipe  of  any  building  for  the  purpose  of  draining  a 
cellar  unless  they  can  be  connected  to  a  trap  with  a  permanent 
water  seal.  And  where  required  be  provided  with  a  back  pres¬ 
sure  valve  trap.  Such  trap  must  be  so  placed  as  not  to  ob¬ 
struct  the  free  ventilation  of  main  drain  and  soil  pipe. 

Sec.  32.  Wooden  wash  traps  and  sinks  prohibited. 

Wooden  wash  traps  and  sinks  are  prohibited  inside  of  any 
buildings.  They  shall  be  of  non-absorbent  material. 

Sec.  33.  Inspection — tests.  The  sewer  inspector  must  be 
notified,  when  any  work  is  ready  for  inspection,  by  the  plumber 


146 


Plumbing. 


doing  the  work.  All  work  must  be  left  uncovered  and  con¬ 
venient  for  examination  until  inspected  and  approved.  Upon 
request  of  the  plumbing  inspector  or  of  the  person  having  the 
work  done,  the  plumber  shall  make  a  water  or  smoke  test,  or 
both,  and  upon  request  of  the  person  having  the  work  done  the 
plumber  shall  make  a  water  or  smoke  test  of  all  soil ,  waste 
and  vent  pipes  in  any  building,  and  where  defective  pipes  or 
fittings  are  found  that  cannot  be  made  gas  and  water  tight  on 
account  of  cracks  or  sand  holes  in  any  pipe  fitting,  said  plum¬ 
ber  must  remove  the  same  at  his  own  expense. 

Sec.  34.  Violations  of  provisions  of  chapter — penalty. 

Any  person  violating  or  failing  to  conform  to  any  of  the  above 
and  foregoing  rules  and  regulations  or  any  of  the  provisions  of 
this  chapter,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars  for  each  offense ;  and  if  such  per¬ 
son  be  a  licensed  plumber,  his  license  shall  be  revoked  and  will 
not  be  re-issued  until  all  fines  are  paid. 


Animals. 


147 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 
17. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


CHAPTER  XXX. 

ANIMALS. 

ARTICLE  I. 

Horses,  Cattle,  Etc. 

Not  to  run  at  large. 

Animals  to  be  impounded. 

Private  citizens  may  impound. 

Care  of  impounded  animals. 

Redemption  before  complaint. 

Pound  master  to  file  complaint. 

Process  where  owner  is  known. 

Process  where  owner  is  unknown. 

Posting  notices. 

Docketing  case — trial. 

Officer  impounding  to  attend  trial. 

Order  of  sale — return. 

Notice  of  sale. 

Redemption — sale — postponement. 

Paying  money  to  magistrate. 

Disposition  of  surplus. 

Breaking  open  pound. 

ARTICLE  II. 

Dogs. 

Dogs  not  allowed  to  run  at  large. 

Mad  dogs — mayor’s  proclamation. 

When  dogs  declared  a  nuisance. 

Penalty  for  interfering  with  an  officer. 

Dogs  to  be  licensed — fee. 

City  clerk  to  provide  tags. 

Licensed  dogs  to  wear  collars  'with  tags  attached — 
when  deemed  a  nuisance — how  abated. 

Dogs  without  collar  and  tag  to  be  impounded. 

Pound  keeper— duties— fees. 

Penalty. 

License  fee  in  lieu  of  other  taxes  on  dogs. 

Dogs  not  to  go  unmuzzled. 

Proceedings  to  abate  dog  nuisance  on  complaint. 


148 


Animals. 


Section  1.  Not  to  run  at  large.  No  animal  of  the  species 
of  horse,  cattle,  swine,  sheep  or  goat  shall  be  permitted  to  run 
at  large  within  the  corporate  limits  of  the  city  of  Marseilles ;  and 
the  running  at  large  of  any  such  animal  is  hereby  declared  a 
nuisance;  and  any  owner  or  possessor  of  such  animal,  who  shall 
suffer  or  permit  the  same  to  run  at  large  in  violation  of  this  sec¬ 
tion,  shall  forfeit  and  pay  a  penalty  of  not  less  than  one  dollar 
nor  more  than  ten  dollars  for  each  offense,  together  with  the 
fees  for  impounding  and  all  expenses  or  sustenance  for  such 
animal  when  impounded  as  hereinafter  provided. 

Sec.  2.  Animate  to  be  impounded.  It  is  hereby  made 
the  duty  of  the  pound  master  and  of  every  member  of  the  police 
force  of  this  city  to  take  up  and  confine  in  the  city  pound  every 
animal  of  the  species  named  in  the  preceding  section  known  by 
him  to  be  unlawfully  running  at  large,  contrary  to  the  pro¬ 
visions  of  this  ordinance. 

Sec.  3.  Private  citizens  may  impound.  Any  person  in¬ 
convenienced  or  injured,  or  who  may  be  in  danger  of  being  in¬ 
jured,  either  in  person  or  property,  by  reason  of  the  unlawful 
running  at  large  within  this  city  of  any  animal  of  the  species 
hereinbefore  mentioned,  may  either  drive  or  convey  the  same  to 
the  city  pound,  whereupon  it  shall  be  the  duty  of  the  pound 
master  to  take  and  impound  the  same,  or  he  may  take  up  and 
confine  such  animal  in  some  safe  and  convenient  place,  and 
notify  the  pound  master  or  some  police  officer  thereof,  as  soon 
as  practicable,  and  the  officer  so  notified  shall  forthwith  take 
charge  of  such  animal  and  impound  the  same. 

Sec.  4.  Care  of  animals  impounded.  The  pound  master 
shall  properly  care  for  such  animals  impounded  and  furnish 
them  during  their  entire  confinement  with  suitable  food  and 
drink;  and  the  cost  of  such  sustenance,  together  with  the  lawful 
fees  for  taking  up  and  impounding  shall  be  paid  to  the  pound- 
master  before  any  such  animal  shall  be  released  from  the  pound. 

Sec.  5.  Redemption  before  complaint.  At  any  time  be¬ 
fore  the  filing  of  the  complaint  as  provided  in  the  following  sec¬ 
tion,  the  owner  or  keeper  of  any  such  animal  so  impounded 
shall  be  entitled  to  the  return  thereof  upon  satisfying  the  pound 


Animals. 


149 


master  that  he  is  such  lawful  owner  or  keeper,  and  upon  pay¬ 
ing  to  such  master  the  lawful  fees  for  impounding  such  animal 
and  the  expense  of  caring  for  and  feeding  the  same  since  such 
impounding. 

Sec.  6.  Pound  master  to  file  complaint.  When  any  ani¬ 
mal  shall  have  been  impounded  as  aforesaid,  and  the  owner  or 
person  entitled  to  the  possession  of  the  same  shall  fail  to  appear 
within  forty-eight  hours  after  the  impounding  and  pay  the  fees 
and  charges  required  for  its  redemption,  it  shall  be  the  duty  of 
the  pound  master  to  make  complaint  in  writing  under  oath,  be¬ 
fore  some  Police  Magistrate  or  Justice  of  the  Peace  within  the 
city,  giving  a  general  description  of  the  animal  impounded,  the 
date  and  cause  of  such  impounding  and  the  name  of  the  owner 
or  keeper  of  such  animal,  if  known,  to  the  complainant,  and,  if 
the  name  of  the  owner  or  keeper  is  not  known  it  shall  be  so 
stated  in  such  complaint.  No  two  animals  shall  be  described  in 
the  same  complaint  unless  they  are  known  to  be  owned  by  the 
same  person. 

Sec.  7.  Process  where  owner  is  known.  Upon  the  fil¬ 
ing  of  such  complaint,  when  the  owner  of  such  impounded  ani¬ 
mal  is  known,  it  shall  be  the  duty  of  the  magistrate  or  Justice 
of  the  Peace  before  whom  such  complaint  is  filed,  to  issue  a  war¬ 
rant  against  the  owner  or  keeper  of  the  animal  for  permitting 
the  same  to  run  at  large  in  violation  of  the  provisions  of  this 
ordinance;  and  upon  the  return  of  such  warrant  duly  executed, 
or  the  defendant  appearing  in  court,  like  proceedings  shall  be 
had  as  in  other  cases  for  the  recovery  of  fines  and  penalties 
under  the  ordinances ;  and,  if  the  defendant  be  found  guilty, 
judgment  shall  be  rendered  against  him  for  the  penalty,  im¬ 
pounding  fees,  cost  of  sustenance  and  costs  of  suit,  and  an  or¬ 
der  shall  be  entered  that  such  animal  be  sold  to  satisfy  such 
judgment  and  costs,  unless  the  same  shall  be  forthwith  paid. 

Sec.  8.  Process  where  owner  is  unknown.  Upon  the 

filing  of  such  complaint,  when  the  owner  of  such  impounded 
animal  is  unknown,  or  is  without  the  jurisdiction  of  the  court, 
it  shall  be  the  duty  of  the  Magistrate  or  Justice  of  the  Peace  be¬ 
fore  whom  such  complaint  is  filed,  to  issue  a  notice,  in  substance 
as  follows: 


150 


Animals. 


POUND  NOTICE. 

Whereas,  Complaint  has  this  day  been  made  before  me  that  the  un¬ 
known  owner  of  the  following  described  animal,  to-wit: . 

. impounded  at . . on  the . day  of 

. A.  D. . ,  has  permitted  the  same  to  run  at  large,  con¬ 
trary  to  the  provisions  of  the  ordinances  of  the  city  of  Marseilles,  Illinois, 
in  relation  to  animals  running  at  large. 

Now,  therefor,  notice  is  hereby  given  that  a  trial  will  be  had  upon 

the  said  complaint  at  my  office  in  said  city  of  Marseilles,  on  the . . 

day  of . A.  D . ,  at  the  hour  of _ o’clock  ...M.,  when  and  where 

said  unknown  owner,  or  other  person  interested  therein,  may  appear  and 
defend. 

Witness  my  hand  and  seal  this . day . A.  D . 

. (Seal) 

Justice  of  the  Peace. 

Sec.  9.  Posting  notices.  The  day  named  in  said  notice 
for  trial  shall  not  be  less  than  ten  days  nor  more  than  fifteen 
days  from  the  issue  of  the  same,  and  it  shall  be  the  duty  of  the 
pound  master  or  some  member  of  the  police  force,  forthwith  to 
post  three  copies  of  said  notice,  one  at  the  city  pound  or  place 
where  such  animal  is  impounded,  one  at  the  south  door  of  the 
city  hall  and  one  at  some  public  place  on  Main  street  in  said 
city,  and  a  fourth  copy  of  such  notice  shall  be  inserted  at  least 
once  in  the  official  newspaper;  the  officer  executing  such  notices 
shall  make  a  return  thereof,  showing  the  time  and  manner  of 
said  posting  and  publishing. 

Sec.  10.  Docketing  case — trial.  The  Police  Magistrate 
or  Justice  of  the  Peace  issuing  said  notice  shall  enter  the  case 
upon  his  docket  as  follows:  “City  of  Marseilles  vs.  The  Un¬ 
known  Owner  of  . (here  describe  the  animal),”  and  upon 

the  day  set  for  the  trial  and  the  return  of  the  notice  properly 
served  as  prescribed  in  the  preceding  section,  like  proceedings 
shall  be  had  as  in  case  of  personal  service  or  appearance.  In  all 
cases  under  this  ordinance  the  trial  shall  be  by  jury,  unless  the 
defendant  personally  appears,  and,  in  writing,  waives  a  trial  by 
jury. 

Sec.  11.  Officer  impounding  to  attend  trial.  It  shall  be 
the  duty  of  the  pound  master  and  officer  impounding  such  ani- 


Animals. 


151 


mal  to  appear  and  testify  at  such  trial,  and  they  shall  be  en¬ 
titled  to  no  witness  fees  therefor. 

Sec.  12.  Order  of  sale — return.  Five  days  after  the 
rendition  of  any  judgment  under  the  provision  of  this  ordi¬ 
nance,  if  such  animal  has  not  been  redeemed  and  no  appeal  has 
been  taken  therefrom,  the  Magistrate  or  Justice  of  the  Peace 
rendering  the  same,  shall  issue  to  the  pound  master  an  order  of 
sale,  which  shall  be  substantially  in  the  following  form: 

The  People  of  the  State  of  Illinois,  \ 

City  of  Marseilles,  /  s 

To . . . Pound  Master. 

We  command  you  that  of  the  following  goods  and  chattels,  to-wit: 
(insert  description  of  the  animal)  the  property  of  (insert  name  of  de¬ 
fendant  as  docketed)  you  make  the  sum  of . dollars  and . cents 

debt,  and  ... . .dollars  and . cents  costs,  which  the  city  of  Mar¬ 
seilles  lately  recovered  against  the  said . and  thereof  make  due 

return  in  what  manner  you  execute  the  same. 

Given  under  my  hand  and  seal  this . day  of . A.  D . 

. (Seal) 

Justice  of  the  Peace. 

Which  order  shall  be  returned  by  said  pound  officer  within 
thirty  days  from  its  date  to  the  office  of  the  Magistrate  or  Jus¬ 
tice  of  the  Peace  issuing  the  same  with  an  endorsement  thereon 
showing  when  and  how  the  same  was  executed. 

Sec.  13.  Notice  of  sale.  Upon  the  receipt  of  such  order 
sale  said  pound  master  shall  post  or  cause  to  be  posted  in  the 
three  places  mentioned  in  section  nine  of  this  chapter,  and  shall 
cause  to  be  inserted  at  least  once  in  the  official  newspaper  a 
public  notice  of  such  sale,  which  notice  shall  be  substantially  in 
the  following  form: 

POUND  NOTICE. 

* 

Public  notice  is  hereby  given  that  by  virtue  of  an  order  of . . 

. Justice  of  the  Peace,  I  will,  at  the 

city  pound  in  the  city  of  Marseilles,  Illinois,  at  the  hour  of . o’clock 

. M.,  on  the . day  of . A.  D., . ,  sell  at  public  auction  to 

the  highest  bidder  for  cash,  the  following  described  animal: . 

Dated  this . day  of . A.  D . 


Pound  Master. 


152 


Animals. 


Sec.  14.  Redemption — sale — postponement.  The  date  of 

sale  in  such  notice  shall  not  be  less  than  ten  days  nor  more  than 
fifteen  days  from  the  posting  of  the  same.  The  owner  of  any 
such  animal  may  redeem  the  same  before  sale  by  paying  to  the 
pound  master  of  Justice  of  the  Peace  or  Magistrate,  before  whom 
the  case  is  pending,  the  amount  of  fines,  fees,  costs  and  ex¬ 
penses;  but  if  the  same  is  not  redeemed,  the  pound  master  shall, 
at  the  hour  named  in  such  notice,  proceed  to  sell  such  animal  in 
accordance  with  the  terms  of  such  notice.  Provided  said  pound 
master  may  adjourn  such  sale  not  to  exceed  two  days  if  it  be 
deemed  advisable. 

Sec.  15.  Paying  money  to  magistrate.  The  said  pound 
master  immediately  after  he  shall  have  received  any  money 
from  the  owner  of  any  such  animal  so  impounded,  after  the  fil¬ 
ing  of  said  complaint,  or  from  the  sale  thereof,  shall  pay  the 
same  over  to  said  magistrate  before  whom  such  case  is  pending, 
less  the  amount  of  his  fees  and  expenses,  and  he  shall  take  and 
file  such  magistrate’s  receipt  therefor.  And  such  Justice  of  the 
Peace  or  magistrate  shall  pay  the  fine  and  all  such  surplus  of 
anv  sale,  after  deducting  all  the  court  costs  and  expenses,  into 
the  city  treasury  in  the  same  manner  and  at  the  same  time  as 
is  required  of  him  to  pay  money  arising  from  other  fines. 

Sec.  16.  Disposition  of  surplus.  The  owner  of  any  such 
animal  sold  as  aforesaid,  may  apply  to  the  city  council  for  such 
surplus  arising  from  such  sale  so  turned  over  to  the  city  treas¬ 
ury,  and  upon  the  proper  proof  of  such  ownership,  he  shall  be 
entitled  to  receive  such  surplus. 

Sec.  17.  Breaking  open  pound.  Whosoever  shall  break 
open  any  city  pound,  or  shall  take  or  attempt  to  take  there¬ 
from  any  impounded  animal  without  the  consent  of  the  pound 
master;  or  whoever  shall  resist,  obstruct,  hinder  or  delay  the 
pound  master  or  any  of  his  assistants  or  any  police  officer  while 
conveying  or  driving  to  the  city  pound  or  other  place  provided 
for  the  detention  of  animals  found  unlawfully  running  at  large 
within  the  city;  or  whoever  shall  in  any  manner  attempt  to  pre¬ 
vent  the  impounding  of  such  animal,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 


Animals 


153 


ARTICLE  II. 

DOGS. 

Section  1.  Dogs  not  allowed  to  run  at  large.  That  it 
shall  not  be  lawful  for  any  animal  of  the  dog  kind  to  run  at 
large  in  the  city  of  Marseilles,  from  the  fifteenth  day  of  July 
until  the  fifteenth  day  of  September  of  each  year,  and  at  such 
other  times  as  are  hereinafter  provided,  unless  the  same  be  se¬ 
curely  muzzled. 

Sec.  2.  Mad  dogs — mayor’s  proclamation.  The  mayor 
shall,  at  any  time,  on  an  alarm  of  mad  dogs,  prohibit  by  notice 
in  some  public  newspaper  or  printed  handbills,  all  dogs  from 
running  at  large  within  the  city  limits,  and  such  prohibition 
shall  continue  so  long  as  public  safety  may  require,  and  until 
public  notice,  b}^  the  mayor,  of  the  discontinuance  thereof. 

Sec.  3.  When  dogs  declared  a  nuisance.  Any  dog  run¬ 
ning  at  large  in  violation  of  this  chapter,  is  hereby  declared  a 
public  nuisance,  and  it  shall  be  the  duty  of  the  chief  of  police, 
pound  keeper,  any  police  officer,  or  any  other  person  appointed 
by  the  mayor  of  the  city  of  Marseilles,  to  cause  such  dog  so 
found  to  be  taken  up  and  disposed  of  as  provided  in  section  g 
of  this  chapter. 

Sec.  4.  Penalty  for  interfering  with  an  officer.  That 
no  person  shall  in  any  way  prevent,  or  attempt  to  prevent,  the 
chief  of  police,  pound  keeper,  or  any  police  officer  of  the  city  of 
Marseilles  from  performing  his  duty  as  required  by  this  chapter, 
and  every  person  so  offending  shall,  on  conviction,  forfeit  and 
pay  for  the  use  of  said  city  the  sum  of  not  less  than  three  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  5.  Dogs  to  be  licensed — lee.  Every  owner,  pos¬ 
sessor,  or  person  who  keeps  any  dog  within  the  city  limits  of 
the  city  of  Marseilles  shall  annually,  and  within  thirty  days 
after  the  first  day  of  June  in  each  year,  pay  to  the  city  clerk 
the  sum  of  seventy-five  cents  for  each  dog  so  owned,  possessed 
or  harbored  bv  him  or  her,  and  cause  such  dog  to  be  registered 
in  the  office  of  the  city  clerk,  in  a  book  kept  for  that  purpose, 
and  also  obtain  from  such  clerk  the  metal  tag  hereinafter  re¬ 
quired  to  be  provided  by  the  said  clerk. 


154 


Animals. 


Sec.  6.  The  city  clerk  to  provide  tags.  The  city  clerk 
shall  provide  each  and  every  year,  such  number  of  metal  tags 
as  may  be  necessary,  of  such  size  and  shape  as  he  shall  deem 
expedient  (the  shape  to  be  changed  each  year),  having  stamped 
thereon  numbers  indicating  the  year  for  which  license  fee  is 
paid,  and  the  letters  C.  D.  D.,  and  to  deliver  one  of  such  metal¬ 
lic  tags  to  the  person  so  paying  the  license  fee  upon  any  dog. 

Sec.  7.  Licensed  dogs  to  wear  collars  with  tags  at¬ 
tached — when  deemed  a  nuisance — how  abated.  Every  dog 
so  licensed  shall  have  a  collar  around  his  neck  with  the  metallic 
tag  aforesaid  securely  fastened  thereto.  Any  dog  found  within 
said  city  without  such  metallic  tag  upon  his  neck,  shall  be 
deemed  a  nuisance,  which  shall  be  abated  as  follows: 

Sec.  8.  Dogs  without  collar  and  tag  to  be  impounded. 

It  shall  be  the  duty  of  the  chief  of  police,  his  assistants,  and  all 
policemen  and  pound  masters  in  the  city  to  take  up  and  im¬ 
pound  in  the  city  pound,  or  such  place  as  may  by  ordinance  be 
directed,  any  dog  found  in  the  city  of  Marseilles  not  having  a 
collar  around  his  neck,  and  the  metallic  tag  aforesaid  attached 
thereto,  and  if  such  dog  shall  not  be  redeemed  within  four  days 
after  such  dog  shall  have  been  impounded,  it  shall  be  the  duty 
of  said  pound  keeper  wherein  such  dog  is  impounded,  to  slay  or 
cause  the  same  to  be  slain. 

Sec.  9.  Pound  keeper — duties  —  fees.  Every  pound 
keeper  or  other  person  designated  by  the  mayor  to  enforce  the 
provisions  of  this  chapter,  is  hereby  authorized  to  collect  a  fee 
of  one  dollar  of  the  owner  of  every  dog  so  impounded,  and 
twenty-five  cents  per  day  for  every  day  such  dog  shall  be  im¬ 
pounded;  and  he  shall  keep  a  register  of  such  dogs  and  shall  ac¬ 
count  for  and  pay  into  the  city  treasury  all  moneys  received 
under  this  chapter  at  the  end  of  each  week. 

Sec.  10.  Penalty.  Any  person  or  persons  who  shall  vio¬ 
late  or  fail  to  comply  with  the  provisions  of  this  chapter  shall 
be  fined  not  less  than  three  dollars  nor  more  than  ten  dollars 
for  each  offense. 

Sec.  11.  License  fee  in  lieu  of  other  taxes  on  dogs. 

That  the  license  fee  provided  for  in  this  chapter  shall  be  in  lieu 
of  all  taxes  imposed  upon  dogs  by  the  ordinance  of  this  city. 


Animals. 


155 


Sec.  12.  Dogs  not  to  go  unmuzzled.  That  nothing  this 
chapter  contained  shall  be  construed  as  permitting  dogs  to  run 
at  large  unmuzzled  during  any  period  of  time  when  by  ordi¬ 
nance  or  otherwise  they  are  prohibited  from  being  so  unmuzzled. 

Sec.  13.-  Proceedings  to  abate  dog«  nuisance  on  com¬ 
plaint.  On  complaint  in  writing  under  oath,  to  the  police 
magistrate  or  any  justice  of  the  peace  within  the  city  of  Mar¬ 
seilles,  that  any  dog  or  bitch  in  said  city  is  dangerous,  or  in  any 
way  or  manner  disturbs  the  peace  or  quiet  of  any  person  whom¬ 
soever,  said  police  magistrate  or  justice  shall  issue  a  summons 
to  the  owner  or  keeper  of  such  animal,  commanding  him  to  ap¬ 
pear  before  such  magistrate  or  justice  at  a  time  in  said  sum¬ 
mons  stated,  at  which  time  said  magistrate  or  justice  shall 
proceed  to  hear  proof  relating  to  the  truth  of  the  allegations  in 
the  complaint.  If  upon  such  hearing  the  charges  of  the  com¬ 
plaint  are  sustained,  it  shall  be  the  duty  of  such  magistrate  or 
justice  to  render  judgment  declaring  such  animal  to  be  a  nui¬ 
sance,  and  thereupon  it  shall  be  the  duty  of  the  chief  of  police 
to  immediately  cause  such  animal  to  be  destroyed.  If  the 
magistrate  or  justice  declares  such  animal  to  be  a  nuisance  he 
shall  render  judgment  against  the  defendant  for  the  costs  of  the 
proceedings,  including  the  sum  of  one  dollar  as  a  fee  for  the 
killing  and  burying  of  such  animal,  and  if  such  costs  are  not 
paid,  the  said  magistrate  or  justice  shall  issue  an  execution 
thereof  in  favor  of  the  city  of  Marseilles:  Provided,  that  before 
said  summons  shall  issue  said  complainant  shall  file  a  bond  for 
costs  of  suit,  conditioned  for  the  successful  prosecution  of  said 
complaint.  iVny  person  hindering  or  interfering  with  any  offi¬ 
cer  in  the  discharge  of  the  foregoing  duty,  or  removes,  secretes, 
or  assists  in  removing  or  secreting  any  dog  against  which  such 
complaint  has  been  filed,  so  that  sarnie  cannot  be  come  at,  to  be 
killed,  shall,  on  conviction  be  punished  by  a  fine  of  not  less  than 
three  dollars  nor  more  than  ten  dollars. 


156 


Nuisances. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 
23. 


Section  1. 
2. 
3. 


CHAPTER  XXXI. 

ARTICLE  I. 

NUISANCES. 

Stables,  pecs,  etc.,  when  nuisance. 

Manure,  etc.,  nuisance. 

Offensive  matter,  nuisance. 

Dead  animals. 

Burial  of  dead  animals. 

Depositing  offensive  matter  upon  adjacent  premises. 
Obstructing  streams,  sewers,  etc. 

Cellars,  vaults,  etc. 

Casting  filth  into  well  or  cistern. 

Slaughter  houses,  etc. 

Cockle  burrs,  thistles,  weeds,  etc. 

Privy  becoming  a  nuisance. 

Cleaning  privy  vault. 

Excavations  in  streets,  etc. 

Unsafe  scaffolding. 

Signs,  etc.,  obstructing  streets  and  sidewalks.  Height 
of  awning  not  less  than  7  feet  from  sidewalk. 
Unsafe  coal  vault. 

Unsafe  buildings,  etc. 

Open  cellar  doors,  vaults,  etc. 

Dangerous  sidewalks. 

Roofs,  gutters,  etc. 

Piling  goods  or  materials  on  sidewalks,  etc. 

Buildings  and  fences  in  streets. 

ARTICLE  II. 

ABATEMENT  OF  NUISANCES. 

Procedure  on  conviction  for  maintaining  nuisance. 
Penalty  for  failure  to  abate  nuisance. 

Chief  of  police  to  abate  nuisance. 

ARTICLE  I. 


Section  1.  Stables,  pens,  etc.,  when  nuisance.  Whoever 
shall  keep,  use  or  maintain  within  the  jurisdiction  of  this  city, 


/ 


Nuisances.  157 


any  stable,  pen,  yard,  lot,  place  or  premises  in  which  any 
horses,  cattle,  hogs,  fowls  or  other  animals  may  be  confined  or 
kept  in  such  manner  as  to  be  nauseous,  foul  or  offensive,  or  from 
any  cause  to  be  an  annoyance  to  any  community,  family  or 
person,  shall  be  deemed  guilty  of  maintaining  a  nuisance,  and, 
upon  conviction  shall  be  fined  not  less  than  three  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

Sec.  2.  Manure,  etc. — nuisance.  Whoever  shall  place 
or  deposit  or  suffer  to  be  accumulated  on  any  premises  owned 
or  controlled  by  him  within  the  jurisdiction  of  this  city,  any 
manure  in  such  manner  as  to  emit  noxious,  disagreeable  or  of¬ 
fensive  smells,  to  the  annoyance  or  detriment  of  any  person  or 
family  or  whoever  shall  place  any  such  manure  or  the  contents 
of  any  privy  vault  in  or  upon  any  street,  alley  or  other  public 
place  within  the  jurisdiction  of  this  city,  shall  be  deemed  guilty 
of  committing  a  nuisance,  and,  upon  conviction  shall  be 
fined  not  less  than  three  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  3.  Offensive  matter-nuisance.  Whoever  shall  de¬ 
posit  or  place  in  or  upon  any  premises,  public  or  private,  en¬ 
closed  or  common,  within  the  jurisdiction  of  this  city,  any  vege¬ 
table  or  animal  matter  or  slops,  or  any  filth  likely  to  effect  the 
public  health  or  to  produce  offensive  smells,  or  whoever  shall 
suffer  or  permit  any  such  matter  to  be  or  remain  upon  any 
premises  owned  or  controlled  by  him  within  the  jurisdiction  of 
this  city,  shall  be  deemed  guilty  of  maintaining  a  nuisance,  and 
upon  conviction,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  fifty  dollars  for  each  offense. 

Sec.  4.  Dead  animals.  Whoever  shall  place  or  deposit 
in  any  public  or  private  place  within  the  jurisdiction  of  this  city 
the  carcass  of  any  dead  animal,  or  whoever  shall  suffer  or  per¬ 
mit  the  carcass  of  any  dead  animal,  which  at  its  death  belonged 
to  him,  to  be  or  remain  in  or  upon  any  such  place  more  than 
twenty-four  hours  after  its  death,  shall  be  deemed  guilty  of 
creating  a  nuisance,  and,  upon  conviction,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense ;  and  all  expenses  of  removing  and  burying  the  same, 
shall  be  taxed  and  collected  as  costs  against  such  person. 


158 


Nuisances. 


Sec.  5.  Burial  of  dead  animals.  When  any  dead  animal 
shall  be  found  in  this  city,  it  shall  be  the  duty  of  the  person 
owning  such  animal,  or  the  person  having  control  of  the  same 
at  the  time  of  its  death,  or  of  the  person  who  deposited  such 
animal  where  so  found,  to  remove  the  carcass  of  such  animal 
forthwith  beyond  the  limits  of  this  city  and  properly  bury  the 
same.  Whoever  violates  or  fails  to  comply  with  any  of  the  re¬ 
quirements  of  this  section,  shall  be  fined  not  less  than  ten  dol¬ 
lars  nor  more  than  one  hundred  dollars  for  each  offense,  and 
shall  also  pay  the  expenses  of  removing  and  burying  such  car¬ 
cass,  which  shall  be  taxed  and  collected  as  costs  against  such 
person. 

Sec.  6.  Depositing  offensive  matter  upon  adjacent 
premises.  Whoever  shall  cause  any  nauseous,  foul  or  putrid 
liquor  or  substance  likely  to  become  nauseous,  foul  or  putrid,  . 
to  be  discharged,  placed  or  thrown,  or  to  flow  from  or  out  of 
any  premises  on  street,  alley  or  other  public  place,  shall  be 
deemed  guilty  of  creating  a  nuisance,  and,  upon  conviction, 
shall  be  fined  not  less  than  two  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

Sec.  7.  Obstructing  streams,  sewers,  etc.  Whoever 
shall  place,  erect  or  maintain  any  obstruction  in  or  across  any 
water  course,  stream  or  brook,  so  that  water  is  thereby  caused 
to  stand  therein  and  stagnate,  or  whoever  shall  place  or  deposit 
therein  any  straw,  hay,  dead  animal  or  other  noxious  or  offens¬ 
ive  matter  or  thing,  or  whoever  shall,  by  any  means,  dam  up  or 
obstruct  any  sewer,  drain  or  gutter  shall  be  deemed  guilty  of 
creating  a  nuisance,  and  upon  conviction,  shall  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  8.  Cellars,  vault's,  etc.  Whoever  shall  suffer  or 
permit  any  cellar,  vault,  drain,  pool,  privy,  sewer,  yard,  ground 
or  other  premises  owned  or  controlled  by  him,  within  the  juris¬ 
diction  of  this  city,  to  become,  from  any  cause,  noxious,  foul, 
offensiye,  or  injurious  to  the  public  health,  or  unpleasant  or 
disagreeable  to  adjacent  residents  or  persons,  shall  be  deemed 
guilty  of  maintaining  a  nuisance,  and,  upon  conviction,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  fifty  dollars  for 
each  offense. 


Nuisances. 


159 


Sec.  9.  Casting  filth  into  w>ell  or  cistern.  Whoever  shall 
throw,  cast,  or  deposit  any  filth,  offal  or  other  substance  or 
thing  of  an  offensive  character  in  any  public  or  private  well  or 
cistern  within  the  jurisdiction  of  this  city,  shall  be  deemed  guilty 
of  creating  a  nuisance,  and,  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  one  hundred  dol¬ 
lars  for  each  offense. 

Sec.  10.  Slaughter  hoiuses,  etc.  Whoever  shall  maintain 
within  this  city,  or  within  one-half  mile  of  the  outer  limits  there¬ 
of  any  slaughter  house  or  establishment  for  steaming  or  render¬ 
ing  lard,  tallow,  offal  or  other  substances,  or  whoever  shall  with¬ 
in  one  mile  of  the  outer  limits  of  the  city  maintain  any  such 
slaughter  house  or  establishment  in  such  manner  as  to  become 
foul  or  offensive,  or  so  that  it  shall  emit  disagreeable  smells  or 
odors  to  the  annoyance  or  detriment  of  any  family  or  person, 
shall  be  deemed  guilty  of  maintaining  a  nuisance,  and,  upon 
conviction,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

Sec-  11.  Cockle  burrs,  thistles,  weeds,  etc.  Whoever 
shall  suffer  or  permit  any  cockle  burrs,  thistles,  burdocks  or  jim- 
son  weeds  to  grow  or  be  in  any  lot  or  premises  owned  or  con¬ 
trolled  by  him  within  the  city  of  Marseilles,  shall  be  deemed 
guilty  of  maintaining  a  nuisance,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

Sec.  12.  Privy  becoming  a  nuisance.  Whenever  any 
privy  or  privy  vault  shall  be  kept  or  permitted  to  remain  in 
such  condition  as  to  become  offensive  or  unwholesome  to  any 
person  or  persons  in  the  vicinity  thereof  the  same  shall  be 
deemed  a  nuisance ;  and  any  owner  or  occupant  of  the  premises 
upon  which  such  privy  is  located,  who  shall  neglect  or  refuse  to 
abate  the  same  after  being  notified  so  to  do  by  the  president  of 
the  board  of  health  or  any  police  officer,  shall,  upon  conviction, 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars, 
and  every  day  such  privy  is  so  kept  or  permitted  to  remain  after 
the  first  conviction  shall  be  deemed  a  separate  offense. 

Sec.  13.  Cleaning  privy  vault.  Whoever  shall  remove 
the  contents  of  any  privy  vault  within  this  city  between  the 


160 


Nuisances. 


hours  of  four  in  the  morning  and  ten  in  the  evening  shall  be 
deemed  guilty  of  creating  a  nuisance,  and,  upon  conviction, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty 
five  dollars  for  each  offense. 

Sec.  14.  Excavations  in  Streets,  etc.  Whoever  shall,  for 
any  purpose  dig  or  make  any  ditch,  drain,  excavation  or  hole 
in,  across  or  under  any  street,  alley,  sidewalk  or  other  public 
place  within  the  city  and  shall  not  within  a  reasonable  time  re¬ 
fill  the  same  and  fix  such  street,  alley,  sidewalk  or  other  place 
in  as  good  condition  as  the  same  was  found;  or  whoever  shall, 
during  the  continuance  or  existence  of  such  ditch,  drain,  exca¬ 
vation  or  hole,  fail  to  have  the  same  watched,  guarded  and  pro¬ 
tected  as  to  reasonably  insure  the  safety  of  persons  passing  near 
the  same,  shall  be  deemed  guilty  of  maintaining  a  nuisance,  and, 
upon  conviction,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

Sec.  15.  Unsafe  scaffolding.  Whoever  shall  erect  or  use, 
or  cause  or  suffer  to  be  erected  or  used,  within  this  city,  any  in¬ 
secure  or  unsafe  scaffold,  whereby  the  safety  of  persons  working 
thereon  or  passing  thereunder  may  in  any  manner  be  endanger¬ 
ed,  shall  be  deemed  guilty  of  creating  a  nuisance,  and,  upon 
conviction,  shall  be  fined  hot  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Sec.  16.  Signs,  etc.,  obstructing  streets  and  sidewalks — 
height  of  awnings  not  less  than  seven  feet  from  sidewalk. 

Whoever  shall  erect,  suspend,  keep  or  maintain  any  sign,  awn¬ 
ing,  goods,  clothing,  or  other  structure  or  thing  over  or  across 
any  street  or  .sidewalk  within  the  city,  or  any  tree  or  shrub  with 
branches  overhanging  the  same  in  such  manner  as  to  obstruct 
such  sidewalk  or  street  or  render  travel  thereon  inconvenient  or 
unsafe;  or  whoever  shall  suffer  any  awning,  sign  or  structure 
over  any  such  street  or  sidewalk  to  remain  in  an  unsafe  or  in¬ 
secure  condition,  shall  be  deemed  guilty  of  maintaining  a 
nuisance,  and  upon  conviction,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  17.  Unsafe  coal  vault.  Whoever  shall  construct, 
keep  or  maintain  any  coal  vault  or  other  excavation  beneath 
any  sidewalk  or  street  within  this  city,  which  is  so  constructed, 


Nuisances. 


161 


or  so  insufficiently  covered  as  to  be  unsafe  or  insecure  or  to  en¬ 
danger  the  lives  or  limbs  of  persons  passing  over  or  by  the 
same,  shall  be  deemed  guilty  of  maintaining  a  nuisance,  and 
upon  conviction,  shall  be  fined  not  less  than  fiye  dollars  nor 
more  than  fifty  dollars. 

Sec.  18.  Unsafe  buildings,  etc.  Whoever  shall  within 
this  city,  construct  or  maintain  any  insecure  or  unsafe  building, 
stack,  wall,  bill  board,  chimney  or  other  structure,  which  from 
its  situation,  mode  of  construction,  mode  of  repair,  or  other 
cause,  may  be  dangerous  to  persons  or  property,  shall  be  deemed 
guilty  of  maintaining  a  nuisance,  and,  upon  conviction  thereof, 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars,  and  every  week  after  the  first  conviction  that  such 
building  or  structure  is  so  kept  or  maintained  shall  be  deemed  a 
separate  offense. 

Sec.  19.  Open*  cellar  doors,  vaults,  etc.  Whoever  shall 
leave  open  or  shall  suffer  or  permit  to  be  left  open,  any  cellar  or 
trap  door  or  the  grating  of  any  vault,  in  or  upon  any  sidewalk, 
street  or  other  public  place  within  this  city;  or  whoever  shall 
keep  or  maintain  any  uncovered  opening  in  any  such  place  so 
as  to  endanger  the  life  or  limb  of  any  persons  passing  the  same 
shall  be  deemed  guilty  of  maintaining  a  nuisance,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

Sec.  20.  Dangerous  sidewalks.  Whoever  shall  construct 
or  maintain  within  this  city  any  .sidewalk  or  footway,  which  it 
is  his  duty  to  construct  or  maintain,  in  such  manner  as  to  be 
dangerous  to  persons  passing  along  or  over  the  same,  or  who¬ 
ever  shall  permit  any  such  sidewalk  to  become  and  remain 
broken  or  out  of  repair  so  as  to  endanger  the  lives  or  limbs  of 
persons  passing  along  or  over  the  same,  shall  be  deemed  guilty 
of  maintaining  a  nuisance,  and,  upon  conviction,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 

Sec.  21.  Roofs,  gutters,  etc.  Whoever  shall  suffer  or  per¬ 
mit  any  water  to  be  discharged  or  thrown  or  to  fall  from  any 
roof,  gutter  or  water  pipe  into  or  upon  the  surface  of  any  street 


162 


Nuisances. 


or  sidewalk  within  this  city,  shall  be  deemed  guilty  of  maintain¬ 
ing  a  nuisance,  and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  twenty- five  dollars  for 
each  offense. 

Sec.  22.  Piling  goods  or  materials  on  sidewalks,  etc. 

Whoever  shall  place  or  pile  any  goods  or  personal  property  of 
any  kind  upon  any  street  or  sidewalk  within  this  city  and  allow 
the  same  to  remain  for  a  longer  space  than  three  hours,  shall  be 
deemed  guilty  of  maintaining  a  nuisance,  and,  upon  conviction, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense :  Provided,  that  this  section  shall 
not  apply  to  the  placing  or  piling  any  materials  along  any  street 
or  sidewalk  adjacent  to  any  building  or  structure  in  the  course 
of  construction  or  repair,  where  such  materials  so  piled  do  not 
take  up  more  than  one-third  of  such  sidewalk  or  street. 

Sec.  23.  Buildings  and  fences  in  streets.  Whoever  shall 
make  or  cause  to  be  made,  any  enclosure,  fence  or  building  of 
any  kind  extending  upon,  over  or  across  any  street,  avenue, 
alley,  sidewalk  or  other  public  place  within  the  corporate  limits 
of  this  city  shall  be  deemed  guilty  of  maintaining  a  nuisance, 
and,  upon  conviction,  shall  be  lined  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  offense. 


ARTICLE  II. 

ABATEMENT  OF  NUISANCES, 

Section  1.  Procedure  on  conviction  for  maintaining 
nuisance.  When  any  person  shall  have  been  convicted  of 
erecting,  keeping  or  maintaining  any  nuisance  within  this  city 
or  within  the  jurisdiction  thereof,  it  shall  be  the  duty  of  the 
court  before  whom  such  conviction  is  had,  to  order  the  defend¬ 
ant  to  forthwith  abate  and  remove  such  nuisance  within  twenty- 
four  hours,  or  within  such  time  as  may  be  specified  by  ordi¬ 
nances,  and,  in  default  of  such  removal,  that  the  same  be  abated 
by  the  chief  of  police.  Such  order  shgll  be  entered  upon  the 
docket  of  the  court  and  be  made  part  of  the  judgment  in  the 


case. 


Nuisances. 


163 


Sec.  2.  Penalty  for  failure  to  abate  nuisance.  Whoever, 
having  been  found  guilty  of  creating,  keeping  or  maintaining  a 
nuisance  within  the  jurisdiction  of  this  city,  shall  neglect  or  re¬ 
fuse  to  remove  or  abate  the  same  within  twenty-four  hours 
after  the  first  conviction  or  within  such  other  time  as  may  be 
specified  by  ordinance,  shall  be  fined  a  like  sum  for  every 
twenty-four  hours,  or  such  other  period  as  may  be  specified  by 
ordinance  thereafter,  that  such  nuisance  is  continued. 

Sec.  3.  Chief  of  police  to  abate  nuisance.  Whenever 
any  person,  upon  having  been  found  guilty  of  creating,  keep¬ 
ing  or  maintaining  a  nuisance  within  this  city,  or  within  the 
jurisdiction  thereof,  shall  fail  to  abate  or  remove  the  same  as 
provided  in  the  foregoing  section,  it  shall  be  the  duty  of  the 
chief  of  police  to  proceed  forthwith  with  due  care  and  without 
any  unnecessary  destruction  of  property  to  remove  or  abate 
such  nuisance  and  to  keep  an  accurate  account  of  all  expenses 
attending  such  abatement  and  report  the  same  to  the  city 
council,  whose  duty  it  shall  be  to  order  suit  brought  in  the 
name  of  the  city  of  Marseilles  against  such  person  to  recover 
all  such  expenses  and  costs;  Provided,  that  nothing  herein  con¬ 
tained  shall  be  taken  to  prevent  the  summary  abatement  by 
the  chief  of  police  or  president  of  the  board  of  health,  without 
such  conviction,  of  anv  nuisance  from  which  there  is  imminent 
danger  to  the  life,  health  or  limb  of  any  person. 


164 


Offenses. 


CHAPTER  XXXII. 


ARTICLE  I. 

Offenses  Against  Public  Peace  and  Quiet. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 


Assault— challenge — affray — penalty. 

Disturbing  the  peace — disorderly  conduct— profane 
language— penalty . 

Carrying  concealed  weapons — penalty. 

Congregating  on  streets  prohibited. 

Unlawful  assemblages — penalty. 

Unlawful  assemblages  on  private  premises. 

Disturbing  lawful  assemblages. 

Disturbing  places  of  amusement — election. 

Boys  loitering  about  streets,  hotels,  etc. 

Persons  congregated  upon  streets — refusal  to  disperse. 
Intoxication. 

Resisting  officer — assisting  escape. 

False  alarm  of  fire. 

Intoxication  of  officers. 

Furnishing  liquor  to  prisoners. 


ARTICLE  II. 

Offenses  Against  Public  Morals. 


Section  1, 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 
.  11. 
12, 

13. 

14. 

15. 


Indecent  exposure— lewd  act— penalty. 

Indecent  cartoons,  etc. 

Indecent  exposure  of  stallions,  etc. 

Indecent  play,  etc. 

Exhibiting  and  selling  indecent  publications. 

Cruelty  to  animals. 

Keeping  gambling  house. 

Gambling  devices  prohibited. 

Frequenting  gambling  houses. 

Fighting  dogs,  chickens,  etc. 

Lottery  prohibited. 

Keeping  house  of  ill  fame. 

Permitting  premises  to  be  used  for  house  of  ill-fame. 
Inmates  frequenters  of  house  of  ill-fame. 

Procurer  for  house  of  ill-fame. 


Offenses. 


165 


ARTICLE  III. 

Offenses  Against  Public  Safety  and  Convenience. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 


Discharging  fire  arms. 

Fast  driving. 

Leaving  animals  unattended. 

Teams  passing  on  street. 

Riding  or  driving  on  sidewalk  or  berm, 

Fast  riding. 

Bicycles  not  to  be  run  upon  sidewalks  or  berms. 
Lamps  on  bicycle. 

Placing  glass,  tacks,  etc.  on  sidewalk. 

Coasting. 

Signs — coal  hole  covers — cellar  doors. 

Playing  ball-flying  kites  in  street. 

Obstructing  street  crossings. 

Frightening  teams — obstructing  sidewalks. 

Dangerous  places  guarded. 

Playing  about  railroad  tracks — jumping  on  trains. 
Throwing  water. 

Barbed  wire  fences. 

Poisonous  vines. 

Electric  wires  crossing. 

ARTICLE  IV. 

Offenses  Concerning  Property. 

Destroying  property. 

Defacing  property. 

Defacing  posters,  legal  notices,  etc. 

Advertisements  on  poles. 

Injuring  trees,  etc. 

Injuring  property  in  park. 

Throwing  stones. 

Removing  corner  stones. 

Hitching  horses  to  trees. 

Standing  horses  on  streets. 

Horses  or  teams  not  to  be  left  standing  in  streets  or 
open  yards. 

ARTICLE  V. 

Vagrants. 


Section  1.  Not  allowed  ia  city. 


166 


Offenses. 


ARTICLE  I. 

OFFENSES  AGAINST  PUBLIC  PEACE  AND  QUIET. 

Section  1.  Assault — challenge — affray — penalty.  Who¬ 
ever  shall  within  this  city  commit  an  assault  or  an  assault  and 
battery  upon  the  person  of  another,  or  shall  be  guilty  of  an  af¬ 
fray  or  challenge  or  offer  to  fight  another,  shall  be  lined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

Sec.  2.  Disturbing  the  peace — disorderly  conduct — pro¬ 
fane  language — penalty.  Whoever  shall  within  this  city  break 
or  disturb  the  peace  by  quarreling  or  scolding,  or  make  any  un¬ 
usual  noise  or  disturbance,  or  engage  in  violent,  tumultuous, 
offensive  or  disorderly  conduct,  or  use  profane  language,  vulgar 
or  unseemly  language,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  fifty  dollars. 

Sec.  3.  Carrying  concealed  weapons — penalty.  Who¬ 
ever  shall  within  this  city  wear  or  carry  concealed  about  his 
person  any  pistol,  revolver,  slung-shot,  metallic  knuckles, 
bowie-knife,  dirk,  razor  or  other  dangerous  or  deadly  weapon, 
or  whoever  shall  display  or  flourish  any  such  weapon  in  a 
boisterous  or  threatening  manner,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars;  Provided  that 
this  section  shall  not  apply  to  any  policeman,  constable,  or 
other  peace  officer  while  in  discharge  of  his  duty,  nor  to  any 
person  summoned  by  any  officer  to  aid  him  in  making  an  arrest 
or  preserving  the  peace. 

Sec.  4.  Congregating  on  streets  prohibited.  It  shall  be 
unlawful  for  any  two  or  more  persons  to  congregate  on  any 
street,  alley,  or  sidewalk  and  engage  in  singing  or  loud  talking 
to  the  disturbance  of  any  citizen,  or  to  the  obstruction  or  block¬ 
ading  of  any  street,  alley  or  sidewalk,  and  every  person  so 
offending  shall  severally  be  fined  not  less  than  three  dollars  nor 
more  than  twenty-five  dollars  for  each  offense. 

Sec.  5.  Unlawful  assemblages — penalty.  Any  two  or 

more  persons  who  shall  in  this  city  assemble  together  for  any 
unlawful  purpose,  or  who  being  assembled,  shall  act  in  concert 
to  do  any  unlawful  act,  or  shall  make  any  movement  or  prepar¬ 
ation  therefor,  shall  severally  be  fined  not  less  than  three  dol- 


Offenses. 


167 


lars  nor  more  than  twenty-five  dollars  for  each  offense,  and 
shall,  upon  their  failure  or  refusal  to  disperse  after  being  re¬ 
quested  so  to  do  by  any  police  or  other  city  officer,  be  severally 
fined  an  additional  sum  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

Sec.  6.  Unlawful  assemblages  on  private  property. 

Whoever  shall  suffer  or  permit  any  assemblage  for  the  purpose 
of  committing  any  unlawful  act  or  breach  of  the  peace,  or  any 
riotous,  offensive  or  disorderly  conduct  in  or  upon  any  premises 
owned  or  controlled  by  him  within  this  city,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  7.  Disturbing  lawful  assemblages.  Whoever  shall 
disturb  or  interrupt  any  lawful  congregation  or  assembly  met 
for  the  purpose  of  religious  worship,  or  for  any  other  lawful 
purpose,  or  any  funeral  or  other  procession,  by  making  any  loud 
or  unusual  noise,  or  by  any  rude  or  indecent  behavior,  or  by 
profane,  obscene  or  vulgar  language,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars. 

Sec.  8.  Disturbing  places  of  amusement  —  election. 

Whoever  shall  conduct  himself  in  a  riotous  or  disorderly  man¬ 
ner,  or  disturb  the  peace  at  any  show  or  exhibition,  theater  or 
other  place  of  amusement,  or  in  or  near  any  election  pol1  with¬ 
in  this  citv,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars  for  each  offense. 

Sec.  9.  Boys  loitering  about  streets,  hotels,  etc.  Any 

two  or  more  boys  who  shall,  in  the  night  time,  be  found  loiter¬ 
ing  or  strolling  about  the  streets  or  alleys  or  in  the  public  park 
or  in  the  vicinity  of  any  hotel,  theater,  railroad  depot,  church 
or  other  public  place,  and  who  shall  fail  or  refuse  to  disperse 
and  go  to  their  respective  homes  when  requested  to  do  so  by 
any  member  of  the  police  force,  shall  be  severally  fined  not  less 
than  three  dollars  nor  more  than  twentv-five  dollars. 

m/ 

Sec.  10.  Persons  congregated  on  streets — refusal  to 
disperse.  Any  two  or  more  persons  who  shall,  either  in  the 
day  time  or  night  time,  be  found  loitering,  standing  or  congre¬ 
gated  upon  any  street,  alley  or  sidewalk  or  stairway,  to  the 
obstruction  of  such  street,  alley,  sidewalk  or  stairway,  or  to  the 


168 


Offenses. 


annoyance  to  the  owner  or  occupant  of  the  place  of  business  or 
residence  adjacent  thereto,  and  who  shall  fail  to  disperse  when 
requested  to  do  so  by  any  member  of  the  police  force,  or  by 
such  owner  or  occupant,  shall  be  severally  fined  not  less  than 
three  dollars  nor  more  than  twenty  dollars  for  each  offense. 

Sec.  11.  Intoxication.  Whoever  shall  be  found  in  a 
state  of  intoxication  or  drunkenness  upon  any  street  or  alley  or 
in  the  public  park,  or  other  place  within  this  city,  shall  be  fined 
not  less  than  three  dollars  nor  more  than  twenty-five  dollars  for 
each  offense. 

Sec.  12.  Resisting  officer — assisting  escape.  Whoever 
in  this  city  shall  resist  or  obstruct  any  member  of  the  police 
force  in  the  discharge  of  his  duty,  or  shall  in  any  manner  hinder 
or  prevent  him  from  discharging  his  duty  or  shall  attempt  to  do 
so,  and  whoever  shall  in  any  manner  assist  or  attempt  to  assist 
any  person  in  the  custody  of  any  member  of  the  police  force  to 
escape  from  custody,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars. 

Sec.  13.  False  alarm  of  fire.  Whoever  shall,  within  this 
city,  knowingly  make  a  false  alarm  of  fire,  or  any  false  cry  for 
assistance  from  any  police  officer,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars. 

Sec.  14.  Intoxication  of  city  officers.  If  any  officer  of 
this  city  shall  be  intoxicated  while  in  discharge  of  the  duties 
of  his  office,  he  shall  be  fined  for  the  first  offense  the  sum 
of  five  dollars,  and  for  the  second  offense  the  sum  of  twenty- 
five  dollars,  and  for  the  third  offense  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction  of  such  misdemeanor,  shall 
forfeit  his  office,  and  in  such  case  the  vacancy  occasioned  there¬ 
by  shall  be  filled  in  the  same  manner  as  if  such  officer  had  filed 
his  resignation  in  the  proper  office,  and  it  had  been  accepted  by 
the  proper  officer ;  Provided,  such  acceptance  shall  have  been 
necessary  to  make  the  office  vacant.  The  penalties  provided  in 
this  section  shall  be  recovered  as  provided  by  statute. 

Sec.  15.  Furnishing  liquor  to  prisoners.  Whoever  shall 
procure  for,  furnish  or  convey  to  any  person  or  prisoner  con¬ 
fined  in  the  jail  or  city  prison  within  this  city,  intoxicating  or 


Offenses. 


169 


spirituous  liquors,  shall,  for  each  offense,  be  fined  not  to  exceed 
one  hundred  dollars,  such  fine  to  be  recovered  as  provided  by 
statute. 


ARTICLE  II. 

OFFENSES  AGAINST  PUBLIC  MORALS. 

Section  1.  Indecent  exposure  —  lewd  act  —  penalty. 

Whoever  shall,  within  this  city  make  any  indecent  exposure  of 
his  or  her  person  or  shall  appear  in  any  place  exposed  to  public 
view  in  an  indecent  or  improper  dress,  or  dress  not  belonging  to 
his  or  her  sex,  or  shall  be  guilty  of  any  other  indecent  or  lewd 
act,  shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars. 

Sec.  2.  Indecent  cartoons,  etc.  Whoever  shall  in  any 
place  within  this  city  open  to  the  public  view,  wrife,  draw,  cut, 
make,  print,  or  paste  any  lewd  or  indecent  word,  sentence,  car¬ 
toon,  design,  figure,  bill  or  poster,  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars. 

Sec.  3.  Indecent  exposure  of  stallions,  etc.  Whoever 
shall  in  any  place  open  to  public  view  within  this  city,  in¬ 
decently  exhibit  any  stallion,  bull,  jackass  or  other  animal, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars. 

Sec.  4.  Indecent  play,  etc.  Whoever  shall  exhibit  or 
perform,  or  shall  assist  in  exhibiting  or  performing  within  this 
city,  any  obscene,  indecent  or  lewd  play  or  exhibition,  or  shall 
knowingly  suffer  or  permit  the  same  to  be  exhibitted  or  per¬ 
formed  in  any  building  or  hall  owned  or  controlled  by  him, 
shall  be  fined  not  less  than  twenty- five  dollars  nor  more  than 
two  hundred  dollars. 

Sec.  5.  Exhibiting  and  selling  indecent  publications. 

Whoever  shall  bring  or  cause  to  be  brought  into  this  city  for 
the  purpose  of  sale  or  exhibition,  or  shall  keep,  sell,  offer  or  ex¬ 
pose  for  sale,  or  in  any  way  circulate  or  distribute  any  obscene 
or  indecent  publications,  book,  pamphlet,  paper,  print,  picture, 
illustration,  model,  cast  or  any  instrument  or  article  of  indecent 


170 


Offenses. 


or  immoral  use,  or  shall  advertise  the  same  for  sale  or  exhibi¬ 
tion,  shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars. 

Sec.  6.  Cruelty  to  animals.  Whoever  shall  within  this 
city  be  guilty  of  cruelty  to  any  dumb  animal  in  any  manner,  or 
shall  be  guilty  of  turning  out  and  abandoning  any  old,  decrepit 
or  worthless  animal  upon  the  public  streets  or  commons,  shall 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  7.  Keeping  gambling  house.  Whoever  shall  with¬ 
in  this  city  keep  or  maintain  any  gambling  house  or  room,  or 
any  place  where  gambling  or  betting  is  carried  on,  or  shall 
knowingly  permit  any  such  house,  room  or  place  to  be  so  kept 
in  or  upon  any  building  or  premises  owned  or  controlled  by 
him,  or  whoever  shall  procure  or  permit  any  persons  to  come 
together  in  any  house  or  place  occupied  or  owned  by  him  or 
under  his  control,  for  the  purpose  of  playing  for  money  or  any 
other  valuable  thing  at  any  game,  or  whoever  shall  keep  or  use 
or  permit  to  be  kept  or  used  in  any  house  or  place  occupied  or 
owned  by  him  or  under  his  control,  any  keno  or  faro  table,  rou¬ 
lette  wheel,  wheel  of  fortune,  shuffle  boards,  cards,  or  other  in¬ 
strument  or  device  used  for  the  purpose  of  gambling,  shall  be 
fined  not  less  than  twenty- five  dollars  nor  more  than  two  hun¬ 
dred  dollars. 

Sec.  8.  Gambling  devices  prohibited.  Whoever  shall 
within  this  city  set  up  or  expose  in  any  street,  avenue  or  other 
public  place  any  table  or  device  of  any  kind  upon  which  any 
game  of  chance  or  hazard  can  be  played,  or  shall  play  at  or 
upon  any  such  table  or  device,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

Sec.  9.  Frequenting  gambling  houses.  Whoever  shall 
be  an  inmate  of  any  gambling  house  or  room  or  place  used  for 
the  purpose  of  gambling  within  this  city,  or  shall  be  in  any  way 
connected  therewith,  or  shall  frequent,  or  visit  the  same,  or  be 
found  therein;  or  whoever  shall  within  this  city,  play  for  any 
money  or  other  valuable  thing  at  any  game  with  cards,  dice, 
billiards,  or  any  other  instrument  or  device  whatever,  or  who- 


Offenses. 


171 


ever  shall  bet  on  any  such  game  when  played  by  others,  shall 
be  fined  not  less  than  five  dollars  nor  more  than  fiftv  dollars. 

m/ 

Sec.  10.  Fighting  dogs,  chickens,  etc.  Whoever  shall 
within  this  city  keep  or  use  for  the  purpose  of  fighting,  any 
dog,  chicken  or  other  creature,  or  whoever  shall  assemble  in  any 
room,  cellar  or  other  place  within  this  city  for  the  purpose  of 
witnessing  any  such  dog  or  chicken  fight  or  fight  between  any 
other  creatures,  shall  be  severally  fined  not  less  than  five  dollars 
nor  more  than  fifty  dollars. 

Sec.  11.  Lottery  prohibited.  Whoever  shall  within  this 
city,  set  up,  run  or  maintain  any  lottery  or  shall  sell  or  dispose 
of,  for  gain,  any  ticket,  chance  or  share  in  any  lottery,  or  shall 
attempt  to  dispose  of  any  article  of  property  upon  any  chance 
by  dice,  lot,  tickets,  bumpers  or  other  fraudulent  device,  or 
whoever  shall  knowingly  permit  any  such  lottery  business  or 
enterprise  to  be  carried  on  in  any  building  or  premises  owned 
or  controlled  by  him,  shall  be  fined  not  l^ss  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  12.  Keeping  hoiu»se  of  ill-fame.  Whoever  shall 
within  this  city  or  within  three  miles  of  the  outer  boundaries 
thereof,  keep  or  maintain,  directly  or  indirectly,  any  bawdy  or 
disorderly  house,  house  of  ill  fame,  or  place  for  the  practice  of 
fornication  or  adultery,  shall  be  fined  not  less  than  fifty  dollars 
nor  more  than  two  hundred  dollars  for  each  offense,  and  shall 
be  subject  to  a  further  fine  in  a  like  sum  for  every  forty-eight 
hours  after  the  first  conviction  that  such  house  shall  be  con¬ 
tinued  or  maintained. 

Sec.  13.  Permitting  premises  to  be  used  for  houses  of 
ill-fame.  Whoever  shall  within  this  city  knowingly  lease  any 
building  or  premises  owned  by  him  or  under  his  control  to  be 
used  in  whole  or  in  part  as  a  house  of  ill -fame,  or  place  for  the 
practice  of  fornication  or  adultery,  or  whoever  shah  permit  any 
building  or  premises  owned  or  controlled  by  him  to  be  so  used, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars,  and  shall  be  subject  to  a  further  fine  in  a 
like  sum  for  every  forty-eight  hours  after  the  first  conviction 
that  he  shall  continue  to  violate  this  section. 


172 


Offenses. 


Sec.  14.  Inmate-s,  frequenters  of  house  of  ill-fame. 

Whoever  shall  be  an  inmate  or  occupant  of,  or  shall  visit  or 
frequent  or  be  found  in  any  house  of  ill-fame,  or  place  used  for 
the  practice  of  fornication  or  adultery,  within  this  city  or  within 
three  miles  of  the  outer  boundaries  thereof,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  15.  Procurer  for  house  of  ill-fame.  Whoever  shall 
within  this  city  or  within  three  miles  of  the  outer  boundaries 
thereof,  entice,  or  influence  or  persuade,  or  attempt  to  entice, 
influence  or  persuade  any  person  to  enter  or  frequent  any  house 
of  ill-fame  or  place  used  for  the  practice  of  fornication  or 
adultery,  or  whoever  shall  permit  any  minor  to  remain  in  any 
such  house  or  place,  shall  be  fined  not  less  than  twenty-five  dol¬ 
lars  nor  more  than  two  hundred  dollars  for  each  offense. 

ARTICLE  III. 

OFFENSES  AGAINST  PUBLIC  SAFETY  AND  CONVENIENCE. 

Section  1.  Discharging  fire  arms.  Whoever  shall  within 
this  city  fire  or  discharge  any  cannon,  gun,  pistol,  fowling  piece 
or  fire  arm  of  any  description,  or  fire  or  explode  any  squib, 
rocket,  fire  cracker  or  other  thing  containing  powder  or  other 
explosive  material,  shall  be  fined  not  less  than  three  dollars  nor 
more  than  twenty-five  dollars;  Provided,  the  discharge  of  fire 
arms  or  the  exploding  of  fire  works  upon  the  express  published 
proclamation  of  the  mayor  and  Ihe  discharge  of  fire  arms  by 
any  peace  officer  in  the  discharge  of  his  duty,  and  the  discharge 
of  fire  arms  within  any  licensed  shooting  gallery  shall  not  be 
deemed  violations  hereof. 

Sec.  2.  Fast  driving.  Whoever  shall  ride  or  drive  any 
horse  or  horses  or  other  animals  in  any  avenue,  street  or  alley 
within  this  city,  at  a  greater  rate  of  speed  than  eight  miles  per 
hour,  or  whoever  shall  wilfully  or  heedlessly  drive  any  such 
animal  or  any  vehicle  attached  thereto  shall  come  in  collision 
with  any  other  animal  or  vehicle,  or  shall  strike  any  person, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty 
dollars. 


Offenses. 


173 


Sec.  3.  Leaving  animals  unattended.  Whoever  shall 
leave  any  horse,  mule  or  team  unattended  upon  any  street, 
alley  or  other  uninclosed  place  within  this  city,  without  being 
securely  fastened  or  hitched,  shall  be  fined  not  less  than  three 
dollars  nor  more  than  twenty  dollars. 

Sec.  4.  Teams  passing  on  street.  All  persons  meeting 
each  other  in  or  on  vehicles  in  any  street,  alley  or  other  public 
place  within  this  city,  shall  seasonably  turn  to  the  right  (un¬ 
less  the  nature  or  condition  of  the  road  shall  render  it  impracti¬ 
cable)  so  as  to  pass  each  other  without  injury.  Whoever  shall 
violate  the  requirements  of  this  section  shall  be  fined  not  less 
than  three  dollars  nor  more  than  ten  dollars. 

Sec.  5.  Riding  or  driving  on  sidewalk  or  berm.  Who¬ 
ever  shall  ride  or  drive  any  horse,  mule  or  cattle  or  like  animal, 
or  any  carriage,  wagon,  cart  or  other  vehicle  drawn  by  any  such 
animal,  on  or  across  any  sidewalk,  curbing,  berm,  lawn  or  other 
grass  plat  within  this  city,  where- there  is  no  regular  approach 
to  the  same,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars  for  each  offense;  Provided,  that  the 
word  “berm”  shall  be  taken  to  mean  that  part  of  the  street  be¬ 
tween  the  sidewalk  and  curb  line. 

Sec.  6.  Fast  riding.  Whoever  shall  ride  any  bicycle  or 
other  vehicle  in  any  street,  alley  or  other  public  place  within 
this  city  at  a  greater  speed  than  eight  miles  per  hour,  or  who¬ 
ever  shall  wilfully  or  heedlessly  ride  any  bicycle  or  other  ve¬ 
hicle  so  that  the  same  shall  strike  against  any  person  or  against 
any  vehicle  shall  be  fined  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars. 

Sec.  7.  Bicycles  not  to  be  run  upon  sidewalks  or  berms. 

Whoever  rides  any  bicycle  upon  any  sidewalk,  parking  or  berm 
within  the  city  of  Marseilles  shall  be  fined  not  less  than  three 
dollars  nor  more  than  twenty  dollars  for  each  offense. 

Sec.  8.  Lamps  on  bicycles.  Whoever  shall  ride  any 
bicycle  in  any  street,  alley,  park  or  other  public  place  within 
this  city  one  hour  after  sunset  and  until  one  hour  before  sun¬ 
rise,  without  having  securely  attached  thereto  a  lighted  lamp, 
the  rays  of  which  can  be  distinctly  seen  ahead  of  such  bicycle, 


174 


(Offenses. 


shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
hve  dollars,  for  each  offense. 

Sec.  9.  Placing  glass,  tacks,  etc.,  on  sidewalk.  Who¬ 
ever  shall  deposit,  place  or  leave  upon  any  sidewalk,  street, 
alley,  park  or  other  public  place  within  the  city  limits  any 
broken  glass,  crockery,  nails,  tacks,  tin  or  iron  cuttings,  wire  or 
other  article  or  thing  liable  to  wound  or  injure  any  man,  beast 
or  vehicle,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  twenty  dollars  for  each  offense. 

Sec.  10.  Coasting.  Whoever  shall  ride  any  bicycle  or 
other  vehicle  in  any  street,  alley  or  other  public  place  within 
this  city  with  both  hands  off  the  handlebars  or  both  feet  off  the 

pedals  in  the  manner  known  as  coasting,  shall  be  fined  not  less 

♦ 

than  three  dollars  nor  more  than  twenty  dollars. 

Sec.  11.  Signs — coal  hole  covers — cellar  doors.  No 

sign  shall  project  or  extend  over  any  sidewalk  within  this  city, 
except  signs  that  shall  be  at  least  eight  feet  from  the  sidewalk  and 
shall  not  extend  beyond  three  feet  from  any  building;  nor  shall 
any  coal  hole  cover  or  cellar  door  rise  or  project  above  or  be  de- 
pressed  below  the  surface  of  the  sidewalk.  Whoever  shall  suf¬ 
fer  or  permit  any  sign,  coal  hole  cover  or  cellar  door  to  be  or 
remain  in  violation  of  this  ordinance  after  having  been  notified 
to  rectify  the  same  by  the  mayor  or  chief  of  police,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  twenty  dollars, 
gnd  shall  be  fined  a  like  sum  for  every  twenty-four  hours  after 
the  first  conviction  that  the  same  is  permitted  to  so  remain. 

Sec.  12.  Playing  ball — flying  kites  in  street.  Whoever 
shall  play  ball  or  raise  or  fly  any  kite  in  any  part  of  the  city  de¬ 
voted  to  business  purposes,  or  whoever  shall  in  any  street,  alley 
or  public  place  play  ball  or  raise  or  fly  any  kite  to  the  distur¬ 
bance  or  annoyance  of  any  citizen  or  person  passing  along  any 
such  street,  alley  or  other  public  place,  shall  be  fined  not  less 
than  one  dollar  nor  more  than  twenty  dollars. 

Sec.  13.  Obstructing  street  crossings.  Whoever  shall 
stop  any  horse,  mule,  cattle  or  any  other  animal,  or  any  street 
car,  carriage,  wagon  or  other  vehicle  on  any  street  crossing  in 
this  city,  or  shall  otherwise  obstruct  any  such  crossing  so  as  to 


Offensf.s. 


175 


inconvenience  persons  attempting  to  cross  the  same,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  ten  dollars. 

Sec.  14.  Frightening  teams — obstructing  sidewalks. 

Whoever  shall  engage  in  any  game,  sport  or  amusement,  or  ex¬ 
hibit  any  animal  or  machine,  or  do  anything  else  in  the  streets 
or  upon  the  sidewalks  of  this  city  which  shall  have  a  tendency 
to  frighten  horses  or  interfere  with  teams,  vehicles  or  persons 
passing  along  the  street  or  sidewalks,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  twenty  dollars. 

Sec.  15.  Dangerous  places  guarded.  Whoever  shall 
leave  open  any  coal  hole,  cellar  door,  vault,  well,  excavation, 
ditch  or  other  hole,  upon  or  adjoining  any  street,  alley  or  side¬ 
walk  within  this  city  without  securing  or  protecting  the  same 
so  as  to  prevent  persons  or  animals  from  falling  therein,  shall 
be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

Sec.  16.  Playing  about  railroad  tracks — jumping  on 
trains.  Whoever  shall  play  about  or  upon  any  railroad  track, 
depot,  locomotive  or  car  within  this  city,  or,  not  being  a  regu¬ 
lar  passenger,  shall  climb  on  or  off  any  locomotive,  car  or  train 
of  cars  within  this  city  while  the  same  is  in  motion,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  twenty-five 
dollars. 

Sec.  17.  Throwing  water.  Whoever  shall  wilfully  or 
heedlessly  turn  any  stream  of  water  from  any  garden  or  fire 
hose  or  hydrant  upon  any  person  or  upon  any  private  premises, 
except  in  discharge  of  his  duty  in  case  of  fire,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  twenty  dollars. 

Sec.  18.  Barbed  wire  fences.  Whoever  shall  erect  any 
fence  along  any  street  or  alley  or  other  public  place  within  this 
cit}r  of  which  barbed  wire  or  other  sharp  pointed  or  dangerous 
material  forms  a  part,  shall  be  fined  not  less  than  five  dohars 
nor  more  than  twenty-five  dollars,  and  whoever  shall  suffer  or 
permit  any  such  fence  to  remain  along  any  property  owned  or 
controlled  by  him  and  separating  the  same  from  any  street  or 
alley  or  other  public  place  within  this  city  after  receiving  notice 
to  remove  the  same  by  the  chief  of  police,  shall  be  fined  a  like 
sum  for  every  forty-eight  hours  thereafter  that  it  so  remains. 


176 


Offenses. 


Sec.  19.  Poisonous  vines.  Whoever  shall  plant  any 
poison  ivy  or  other  poisonous  vine  or  plant  within  this  city  so 
near  any  public  sidewalk,  street  or  alley  as  to  injuriously  affect 
passersby,  or  whoever  shall  permit  any  such  vine  or  plant  to  so 
grow  in  or  upon  any  premises  owned  or  controlled  by  him,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  twenty-five 
dollars  for  each  offense. 

Sec.  20  Electric  wires  crossing.  Whenever  in  this  city 
the  routes  of  electric  light  or  power  wires  and  the  wires  of  any 
other  electrical  system  intersect  or  cross  each  other,  the  person, 
firms  or  corporation  owning  or  controlling  the  wires  underneath, 
shall  within  thirty  days  after  such  conditions  become  estab¬ 
lished,  erect  and  thereafter  maintain  proper  guard  wires  or 
other  safeguards  so  arranged  as  to  prevent  contact  between  the 
wires  of  such  systems.  Whoever  violates  or  fails  to  comply 
with  the  provisions  of  this  section  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense,  and 
every  day  such  wires  so  remain  unguarded  after  the  first  convic¬ 
tion,  shall  be  deemed  a  separate  offense. 

ARTICLE  IV. 

OFFENSES  CONCERNING  PROPERTY. 

Section  1.  Destroying  property.  Whoever  shall  will¬ 
fully,  maliciously  or  negligently  break,  deface,  injure  or  destroy 
any  property  of  the  city  or  the  property  of  any  private  person 
or  corporation  therein,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  one  hundred  dollars. 

Sec.  2.  Defacing  property.  Whoever  shall  without  the 
consent  of  the  owner  or  occupant  of  the  premises,  post,  paint, 
put  up,  stick  or  place  any  hand  bill,  placard,  show  bill  or  notice 
upon  any  building  or  fence,  or  shall  cut,  mark,  scratch,  deface 
or  otherwise  injure  any  fence  gate  or  railing,  or  any  part  of  any 
building,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars,  Provided,  that  this  section  shall  not  apply 
to  officers  who  may  post  notices  as  provided  by  law  or 
ordinance. 

Sec.  3.  Defacing  posters,  legal  notices,  etc.  Whoever 
shall  cover,  mutilate,  deface,  tear  down,  destroy  or  injure  in  any 


Offenses. 


177 


manner  any  poster,  bill,  advertisement  or  legal  notice  lawfully 
upon  any  bill  board  or  other  place  within  this  city  within  ten 
days  after  the  same  shall  have  been  posted,  or  when  such  poster 
-or  notice  is  dated,  until  after  the  date  of  the  happening  of  the 
event  of  which  notice  is  given,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars. 

Sec.  4.  Advertisements  on  poles.  Whoever  shall  paint, 
tack,  or  stick  or  otherwi.se  attach  any  sign,  advertisement,  bill 
or  poster  to  any  telegraph,  telephone,  street  car  or  other  poles 
in  any  street,  alley  or  other  public  place  within  this  city,  shall 
be  fined  not  less  than  three  dollars  nor  more  than  twenty 
•dollars. 

Sec.  5.  Injuring  trees,  etc.  Whoever  without  authority 
from  the  owner,  shall  within  this  city,  cut,  injure,  remove  or  de¬ 
stroy  any  fruit,  ornamental  or  shade  tree,  or  the  boxing  around 
the  same,  or  any  fence,  railing,  gate,  post,  sign,  curb  stone, 
style,  hydrant  or  out-building  upon  any  public  aground,  lawn, 
sidewalk  or  private  premises  or  whoever  shall  enter  any  private 
premises  against  the  consent  of  the  owner  or  occupant  thereof, 
or  shall  trespass  upon  any  private  premises  or  public  grounds, 
or  injure,  take  away  or  destroy  any  tree,  shrub,  fruit,  plant, 
vegetable  or  other  thing  which  may  be  therein  for  ornament  or 
utility,  shall  be  fined  not  less  than  three  dollars  nor  more  than 
fifty  dollars. 

Sec.  6.  Injuring  property  in  park.  Whoever  shall  throw 
or  cast  any  cigar  stump,  tobacco  or  other  thing  or  substance 
into  or  upon  the  fountain,  or  the  basis  of  the  fountain,  or  in¬ 
jure,  cut,  break,  or  deface  any  seat,  tree,  lamp,  shrub,  flower, 
fountain  or  other  thing  in  the  public  park,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  fifty  dollars. 

Sec.  7.  Throwing  stones.  Whoever  shall  throw  or  cast 
any  stone,  brick,  club,  snow-ball  or  other  missile  at  or  against 
any  tree,  electric  light  or  window  glass  or  pane  in  any  store, 
house  or  other  building  or  in  or  upon  any  street,  alley,  park  or 
other  public  place  or  any  private  premises  within  this  city, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars. 


Offenses. 


178 


Sec.  8.  Removing  corner  stones.  Whoever  shall  wil¬ 
fully  or  heedlessly  change,  remove  or  destroy  any  stone,  stake 
or  post  set  or  placed  to  mark  the  corner  of  any  lot  or  parcel  of 
ground,  street,  alley,  or  to  show  the  grade  of  any  street,  alley 
or  sidewalk  within  this  city,  shall  be  fined  not  less  than  five  dol¬ 
lars  nor  more  than  fifty  dollars. 

Sec.  9.  Hitching  horses  to  trees.  Whoever  shall  hitch 

or  fasten  any  horse,  mule  or  other  animal  to  any  fence  or  shade 
tree,  or  to  the  boxing  around  any  shade  tree,  upon  or  adjoining 
any  street,  alley,  park  or  other  public  place,  without  the  con¬ 
sent  of  the  owner  or  occupant  of  the  adjacent  premises,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  ten  dollars  for 
each  offense. 

Sec.  10.  Standing  horses  on  streets.  Whoever  shall 
make  a  regular  stand  or  stopping  place  for  any  horse,  horses, 
animal  or  animals  upon  or  along  any  street,  alley  or  other  pub¬ 
lic  place  within  this  city,  unless  such  place  has  been  authorized 
and  designed  as  a  public  stand  by  ordinance,  shall  be  fined  not 

less  than  three  dollars  nor  more  than  twenty  dollars. 

•  * 

Sec.  11.  Horses  or  teams  not  to  be-  left  standing  in 

streets  or  open  yards.  It  shall  be  unlawful  for  any  person  or 
persons  to  allow  any  horse  or  team  of  horses  to  be  left  standing 
upon  the  streets,  or  in  any  open  yard  in  the  city  of  Marseilles, 
for  more  than  five  hours  in  the  day  time  or  more  than  three 
hours  in  the  night  time,  any  horse  or  team  of  horses  so  found 
standing  in  any  street  or  open  yard  in  violation  of  this  section 
shall  be  removed  by  the  chief  of  police  or  any  police  officer  on 
duty  and  placed  in  a  stable ;  Provided,  that  the  police  officer 
upon  duty  shall  first  notify  the  person  or  persons  in  charge  of 
the  same  to  remove  them  from  the  street  or  open  yard  if  said 
person  or  persons  can  be  found.  Any  person  or  persons  violat¬ 
ing  this  section  and  whose  horse  or  team  of  horses  shall  have 
been  stabled  by  the  police  officer  on  duty,  shall  be  fined  not 
less  than  three  dollars  nor  more  than  twenty  dollars  for  each 
offense,  and  the  expense  of  stabling  and  caring  for  said  horse 
or  team  of  horses  shall  be  taxed  as  costs  upon  conviction  of 
said  offense.  .  . 


Offenses. 


179 


ARTICLE  V. 

VAGRANTS. 

Section  1.  Not  allowed  in  city.  All  persons  who  are  idle 
and  dissolute  and  go  about  begging;  all  persons  who  use  any 
juggling  or  other  unlawful  games  or  plays;  runaways,  pilferers, 
confidence  men,  common  drunkards,  lewd,  wanton  and  lascivi¬ 
ous  persons,  in  speech  or  behavior;  common  railers  and  brawl¬ 
ers;  persons  who  are  habitually  neglectful  of  their  employment 
or  them  calling,  and  do  not  lawfully  provide  for  themselves,  or 
for  the  support  of  their  families;  and  all  persons  who  are  idle  or 
dissolute  and  w7ho  neglect  all  lawful  business,  and  w’ho  habitu¬ 
ally  mis-spend  their  time  by  frequenting  houses  of  ill-fame, 
gaming  houses  or  tippling  shops;  all  persons  lodgingin,  or  found 
in  the  night-time  in  outhouses,  sheds,  barns,  or  unoccupied 
buildings  or  lodging  in  the  open  air,  and  not  giving  a  good  ac¬ 
count  of  themselves;  and  all  persons  who  are  known  to  be 
thieves,  burglars  or  pick-pockets,  either  by  their  own  confession 
or  otherwise,  or  by  having  been  convicted  of  larceny,  burglary, 
or  other  crime  against  the  laws  of  the  state,  punishable  by  im¬ 
prisonment  in  the  state  prison,  or  in  a  house  of  correction  in 
any  city,  and  having  no  lawful  means  of  support,  are  habitually 
found  prowling  around  any  railroad  office,  or  depot,  banking 
institution  or  brokers  office,  place  of  public  amusement,  auction 
room,  store,  shop,  or  crowded  thoroughfare,  car  or  omnibus,  or 
at  any  public  gathering  or  assembly,  or  lounging  about  any 
court  room,  private  dwelling  houses  or  out  houses,  or  are  in  any 
house  of  ill-fame,  gambling  house  or  tippling  shop,  shall  be 
deemed  to  be  and  they  are  declared  to  be  vagrants,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars,  or  imprisonment  in  the  city  jail 
not  exceeding  thirty  days. 


180 


Fines  and  Penalties. 


CHAPTER  XXXIII. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 


FINES  AND  PENALTIES. 

Actions — where  brought. 

Actions — how  commenced. 

Warrants— by  whom  served. 

Bond  for  appearance. 

Failure  to  appear — forfeiture  of  bond. 

Trial  by  jury. 

Officers  to  attend  as  witnesses. 

Punishment  upon  conviction. 

Working  out  fine. 

Fare  while  working  out  fine. 

Magistrate  to  keep  records — pay  over  fines. 
Payment  of  costs  by  the  city. 


Section  1.  Actions — where  brought.  All  actions  for  the 
recovery  of  any  fine  or  to  enforce  any  penalty  under  any  ordi¬ 
nance  of  the  city  of  Marseilles  shall  be  brought  before  the  police 
magistrate  or  any  justice  of  the  peace,  and  shall  be  brought  in 
the  corporate  name  of  the  city,  and  no  prosecution,  recovery  or 
acquittal  for  the  violation  of  any  such  ordinance  shall  consti¬ 
tute  a  defence  to  any  other  prosecution  of  the  same  party  for 
any  other  violation  of  any  such  ordinance,  although  the  differ¬ 
ent  causes  for  action  existed  at  the  same  time,  and,  if  united, 
would  not  have  exceeded  the  jurisdiction  of  the  court  or 
magistrate.  3 

Sec.  2.  Actions — how  commenced.  In  all  actions  for 
the  violations  of  any  ordinances  of  the  city  of  Marseilles  the 
first  process  shall  be  a  summons;  Provided,  however,  that  a 
warrant  for  the  arrest  of  the  offender  may  issue  in  the  first  in¬ 
stance  upon  the  affidavit  of  any  person  making  a  complaint  has 
reasonable  grounds  to  believe  the  party  charged  is  guilty  there¬ 
of,  and  any  person  arrested  upon  such  warrant  shall,  without 
unnecessary  delay,  be  taken  before  the  proper  officer  to  be  tried 
for  the  alleged  offense ;  Provided  further,  that  nothing  in  this 
section  shall  prevent  any  police  or  other  officer  of  the  city  of 


Fines  and  Penalties. 


181 


Marseilles  from  making  an  arrest  upon  sight  for  any  violation 
of  any  ordinance  of  the  city. 

Sec.  3.  Warrants — by  whom  served.  All  warrants  for 
violation  of  ordinances,  and  all  criminal  warrants  to  whomso¬ 
ever  directed,  may  be  served  and  executed  within  the  corporate 
limits  of  this  city  by  any  policeman  thereof,  such  policeman 
being  clothed  with  all  the  common  law  and  statutory  power  of 
constable  for  such  purpose. 

Sec.  4.  Bond  for  appearance.  Any  person  who  may  be 

arrested  or  in  the  custody  of  any  police  officer  for  the  violation 
of  any  law  or  ordinance  of  this  city,  may  be  released  from 
custody  or  imprisonment  by  entering  into  a  bond  or  recogni¬ 
zance  before  the  police  magistrate  or  any  justice  of  the  peace 
before  whom  he  may  be  brought  in  such  reasonable  sum  and 
with  such  sureties  as  may  be  required  of  him  conditioned  to 
appear  before  the  court  named  therein  at  the  time  mentioned 
therein,  to  answer  to  the  offense  with  which  he  maybe  charged. 

Sec.  5.  Failure  to  appear — forfeiture  of  bond.  When 
any  person  being  arrested  or  in  custody  and  having  given  bond 
as  aforesaid,  shall  fail  to  appear  at  the  time  and  place  where 
and  when  the  suit  is  set  for  trial,  the  police  magistrate  or  justice 
of  the  peace  may  proceed  with  the  hearing  of  the  case  and  hear 
the  testimony  on  behalf  of  the  city  and  render  judgment  by  de¬ 
fault  for  such  amount  as  the  court  shall  deem  just  and  proper 
under  the  evidence  in  the  case,  and  suit  shall  forthwith  be 
brought  against  the  surety  or  sureties  on  the  defendant’s  bond. 

Sec.  6.  Trial  by  jury.  No  person  shall  be  imprisoned 
for  non-payment  of  a  fine  or  a  judgment  in  any  civil,  criminal, 
quasi-criminal  or  qui-tam  action,  except  upon  conviction  by  a 
jury,  provided  that  the  defendant  or  defendants  in  any  such 
action  may  waive  a  jury  trial  by  executing  a  formal  waiver,  in 
writing,  and  when  such  a  waiver  of  a  jury  is  made,  imprison¬ 
ment  may  follow  the  judgment  of  the  court  without  conviction 
by  the  jury;  Provided,  this  section  shall  not  apply  to  fines  in¬ 
flicted  for  contempt  of  court. 

Sec.  7.  Officers  to  attend  as  witnesses.  All  police  offi¬ 
cers  making  arrests  shall  attend  as  witnesses  before  the  court 


182 


Fines  and  Penalties. 


in  which  the  prisoner  is  tried  and  shall  procure  all  necessary 
evidence  in  their  power  and  furnish  the  same  to  the  city  at¬ 
torney.  No  such  officer  shall  be  entitled  to  any  witness  fees 
from  the  city  for  attendance  upon  any  such  trial. 

Sec.  8.  Punishment  upon  conviction.  Any  person  upon 
whom  any  fine  or  penalty  shall  be  imposed,  and  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is  had, 
shall  be  committed  to  the  county  jail  or  the  city  jail  until  such 
fine,  penalty  and  costs  shall  be  fully  paid;  Provided,  that  no 
such  imprisonment  shall  exceed  six  months  for  any  one  offense. 

Sec.  9.  Working  out  fine.  Every  person  committed  to 
jail  for  the  violation  of  an  ordinance  of  this  city,  shall  be  re¬ 
quired  to  work  for  the  corporation  at  such  labor  as  his  or  her 
strength  will  permit,  under  the  direction  of  the  chief  of  police, 
not  exceeding  nine  hours  each  working  day ;  and  for  each  work¬ 
ing  day  the  prisoner  so  employed  shall  be  allowed  exclusive 
of  his  or  her  board  the  sum  of  one  dollar  and  twenty-five  cents 
to  apply  on  account  of  such  fine  and  costs.  In  working  out 
such  fine  and  costs  as  aforesaid  the  person  so  working  may  be 
required  to  saw  wood,  break  stone,  work  upon  the  public  streets, 
clean  up  and  repair  any  public  property  or  any  other  work  di¬ 
rected  by  the  said  chief  of  police. 

Sec.  10.  Fare  while  working  out  fine.  Every  person 
while  working  out  a  fine  shall  be  provided  with  wholesome  and 
substantial  food  at  the  expense  of  the  city,  instead  of  the  plain 
prison  fare  to  be  provided  while  no  work  is  being  done. 

Sec.  11.  Magistrate  to  keep  record — pay  over  fines. 

It  shall  be  the  duty  of  the  police  magistrate  and  the  justice  of 
the  peace  before  whom  any  prosecutions  under  the  ordinance  of 
the  city  of  Marseilles  are  had,  to  keep  a  separate  record  of  all 
such  prosecutions,  the  names  of  the  persons  convicted  and  the 
amount  of  the  fine  imposed  together  with  the  dates  and  the 
amount  of  all  fines  paid ;  and  such  magistrate  or  justice  shall 
make  a  full  report  to  the  city  council  at  the  first  regular  meet¬ 
ing  in  each  month  showing  in  detail  all  such  fines  imposed  by 
him  during  the  past  month,  and  all  moneys  received  by  any 
such  magistrate  or  justice  shall  be  forthwith  turned  over  to  the 
city  treasurer  and  his  receipt  shall  be  taken  therefor. 


Fines  and  Penalties. 


183 


Sec.  12.  Payment  of  costs  by  the  city — parties  fined. 

The  costs  in  criminal  and  quasi  criminal  prosecutions  for  the 
violation  of  any  ordinance  of  this  city  may  be  paid  by  the  city 
in  the  discretion  of  the  city  council:  Provided,  that  no  moneys 
shall  be  retained  by  the  police  magistrate  or  justice  of  the  peace 
from  fines  collected  to  apply  upon  such  costs,  but  shall  be  re¬ 
tained  by  the  police  magistrate  or  justice  of  the  peace  from 
fines  collected  to  apply  upon  such  costs  duly  presented  to  them 
for  their  consideration.  No  police  magistrate  or  justice  of  the 
peace  shall  upon  a  plea  of  guilty  being  entered  by  any  person 
brought  them,  for  the  violation  of  any  ordinance  of  the  city  of 
Marseilles,  be  allowed  to  tax  as  costs  against  said  person  a  trial 
fee  nor  shall  the  taking  of  evidence  to  determine  the  guilt  of 
any  person  be  considered  a  trial,  so  as  to  allow  the  taxing  of 
said  trial  fee. 


184 


Scavenger. 


CHAPTER  XXXIV. 

SCAVENGER. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 


License. 

Penalty. 

Bond. 

Cleanliness. 

Disposition. 

When  vaults  shall  be  cleaned. 

Health  officer  to  notify. 

Scavenger  to  comply  with  ordinance — penalty  for 
violation. 

Fees  to  be  charged. 


Section  1.  License.  The  mayor  and  city  council  of  the 
city  of  Marseilles  shall,  from  time  to  time,  grant  licenses  to  any 
person,  company  or  corporation,  to  engage  in  the  business  of 
emptying,  cleaning  or  removing  the  contents  of  privy  vaults. 
And  every  person,  company  or  corporation  engaged  in  said 
business  shall  be  deemed  a  scavenger  within  the  meaning  of  this 
ordinance. 


Sec.  2.  Penalty.  No  person,  company  or  corporation 
within  the  city  of  Marseilles  shall  empty,  clean  or  remove  the 
contents  of  any  privy  vault,  or  in  any  manner  engage  in  the 
business  of  scavenger,  without  first  having  obtained  a  license  so 
to  do,  under  a  penalty  of  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars  for  each  offense;  Provided,  that 
the  owners,  occupants  or  agents*  of  privy  vaults  within  the  city, 
desiring  to  clean  or  remove  the  contents  thereof  themselves 
without  the  aid  of  scavengers,  may  be  allowed  to  do  so  upon 
the  written  permission  of  the  health  officer,  and  then  only  in 
such  manner  as  the  health  officer  in  said  permit  shall  direct. 

Sec.  3.  Bond.  Every  person,  company  or  corporation 
applying  for  such  license,  shall  pay  to  the  city  treasurer  there¬ 
for  the  sum  of  ten  dollars  per  annum,  and  shall  execute  a  bond 
to  the  city  of  Marseilles  in  the  penal  sum  of  five  hundred  dol- 


Scavenger. 


185 


tars,  with  at  least  two  sureties,  to  be  approved  by  the  mayor 
and  city  council,  conditioned  that  the  said  scavenger  shall  com¬ 
ply  with  the  provisions  of  the  ordinances  of  said  city,  and  the 
ordinances  which  may  hereafter  be  passed  by  the  city  council 
relating  to  the  occupation  or  employment  of  scavengers. 

Sec.  4.  Cleanliness.  The  cleaning,  emptying  and  re¬ 
moving  of  the  contents  of  privy  vaults  shall  be  done  in  an  in¬ 
offensive  manner,  and  any  scavenger  having  begun  any  such 
scavenger  work  shall,  without  any  interruption  or  delay,  finish 
the  same,  and  shall  in  every  instance  leave  the  privy  vault  in 
as  good  condition  as  when  the  work  was  undertaken. 

Sec.  5.  Disposition.  The  contents  of  privy  vault,  so  re¬ 
moved  by  any  scavenger,  shall  be  conveyed  beyond  the  city 
limits  in  air  tight  tanks  or  vessels,  and  shall  be  disposed  of  in 
such  a  manner  as  to  cause  no  offense.  Said  tanks  or  vessels 
shall  be  kept  clean  and  inoffensive  when  not  in  actual  use. 

Sec.  6.  When  vaults  shall  be  cleaned.  No  privy  vault 
shall  be  opened  nor  the  contents  thereof  disturbed 
or  removed  between  the  hours  of  6  o’clock  A.  M.  and  io 
o’clock  P.  M.  of  any  day,  nor  shall  such  contents  be  deposited 
or  buried  within  the  city  except  upon  the  special  permission  of 
the  health  officer  of  said  city,  and  in  such  manner  and  places  as 
shall  be  by  him  directed.  If  any  scavenger  shall  not  bury  said 
contents  as  above  provided,  and  cover  the  same  so  as  to  prevent 
any  smell  arising  therefrom,  his  license  shall  immediately  be 
forfeited  and  annulled.  Any  person  violating  any  provision  of 
this  section  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  7.  Health  officer  to  notify.  Whenever,  in  the 
opinion  of  the  health  officer,  any  privy  vaults  shall  be  offensive 
and  need  cleaning,  it  shall  be  his  duty  to  notify  the  owner, 
agent  or  occupant  to  clean  the  same  within  a  period  named  in 
said  notice,  and  unless  the  person  so  notified  shall  comply  with¬ 
in  a  period  named,  it  shall  be  the  duty  of  said  officer  to  cause 
the  said  privy  vault  to  be  cleaned  by  one  or  more  of  the  city 
scavengers,  and  such  person  so  failing  to  comply  with  said 
notice  shall,  on  conviction,  be  fined  in  a  sum  not  less  than 


186 


Scavenger. 


twenty-five  dollars  nor  more  than  one  hundred  dollars;  Pro¬ 
vided,  that  nothing  in  this  section  contained  shall  discharge  the 
owner,  agent  or  occupant  of  the  premises  from  any  liability 
otherwise  provided,  to  pay  all  the  expenses  of  such  cleaning. 

Sec.  8.  Scavenger  to  comply  with  ordinance— penalty 
for  violation.  Any  person,  without  license  aforesaid,  who  shall 
engage  in  business  as  scavenger,  or  who  shall  undertake  to  re¬ 
move  any  contents  of  any  privy  vault  within  the  city  without 
license  or  permit,  as  aforesaid  shall,  on  conviction  thereof,  pay 
a  fine  of  not  less  than  twenty  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense ;  and  any  scavenger  licensed  as 
aforesaid,  or  owner,  agent  or  occupant  as  aforesaid,  acting 
under  permit  as  aforesaid,  who  shall  violate  any  provisions  or 
section  of  this  chapter,  where  no  other  penalty  is  imposed, 
shall,  on  conviction  thereof,  pay  a  fine  of  not  less  than  ten  dol¬ 
lars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  9.  Feos  to  be  charged.  Scavengers  shall  be  allowed 
to  charge  and  receive  for  each  load  by  them  taken  and  removed, 
of  not  less  than  twenty-seven  cubic  feet  a  sum  not  exceeding 
five  dollars  for  each  and  every  load  so  removed. 


Railroads. 


187 


CHAPTER  XXXV. 

RAILROADS. 


Section  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


Not  to  block  crossings. 

Headlight. 

Shall  open  way  for  fire  engines. 

Not  to  unnecessarily  sound  whistle  or  let  off  steam. 
Shall  construct  crossings  and  approaches. 

Neglect  to  make  and  maintain  crossings. 

City  council  may  construct  or  repair. 

City  council  to  order  flagmen  and  gate  tender,  etc. 
Gates  to  be  established,  flagman  to  be  stationed,  and 
crossing  bell  to  be  installed  at  certain  crossings. 
Duties  of  gate  tender. 

Lights  at  stations. 

Penalty. 

Duties  when  trains  are  backing. 


Section  1.  Not  to  blockade  crossings.  Whoever  shall 
cause,  suffer  or  permit  any  locomotive  engine,  railroad  car  or 
train  of  cars  to  stop  in  or  remain  upon  any  street  or  railroad 
crossing  within  the  city  of  Marseilles  so  as  to  obstruct  such 
crossing  for  a  longer  period  than  five  minutes  at  any  one  time, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty  dol¬ 
lars  for  each  offense. 


Sec.  2.  Headlight.  Every  locomotive  engine,  railroad 
car  or  train  of  cars  running  in  the  night  time  on  any  railroa 
track  within  this  city,  shall  have  and  keep  while  so  running,  a 
brilliant  and  conspicious  light  on  the  advance  end  of  such  loco¬ 
motive  engine,  car  or  train.  Whoever  violates  the  provisions 
of  this  section  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 


Sec.  3.  Shall  open  way  for  fire  engines.  In  case  any 
fire  engine  or  any  vehicle  carrying  firemen  or  fire  apparatus,  in 
responding  to  an  alarm  of  fire,  shall  find  it  necessary  to  cross 
any  railroad  track  at  any  street  crossing  within  this  city,  any 


188 


Railroads. 


engine  or  train  of  cars  standing  on  such  crossing  shall  immedi¬ 
ately  vacate  such  crossing  and  allow  a  passage  way  for  such 
fire  engine  or  vehicle.  Whoever  violates  any  of  the  provisions 
of  this  section  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars  for  each  offense. 

Sec.  4.  Not  to  unnecessarily  sound  whistle  or  let  off 
Steam.  Whoever  shall  cause  or  permit  the  whistle  of  any  loco¬ 
motive  engine  to  be  sounded  within  this  city,  except  to  give 
necessary  signals  and  such  signals  as  may  be  necessary  to  pre¬ 
vent  injury  to  person  or  property,  or  whoever  shall  make  loud 
and  unnecessary  noise  by  letting  off  steam  from  any  locomotive 
engine  shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  5.  Shall  construct  crossings  and  approaches. 

Every  railroad  corporation  operating  any  railroad  within  or 
through  the  corporate  limits  of  the  city  of  Marseilles  shall  con¬ 
struct  and  maintain  proper  crossings  and  approaches  thereto 
where  its  line  of  railroad  intersects  and  crosses  any  public  street 
or  highway  legally  open  and  used  as  such  public  street  or  high¬ 
way,  within  this  city. 

Sec.  6.  Neglect  to  make  and  maintain  crossings.  When¬ 
ever  any  railroad  corporation  shall  neglect  to  construct  and 
maintain  any  of  its  crossings  and  approaches  as  provided  in  the 
preceding  section,  it  shall  be  the  duty  of  the  Mayor  to  notify  in 
writing,  the  nearest  agent  of  said  corporation  of  the  condition 
of  said  crossing  or  approaches,  and  direct  the  same  to  be  con¬ 
structed,  altered  or  repaired  in  such  manner  as  the  city  council 
shall  deem  necessary  for  the  safety  of  persons  and  property  and 
in  conformity  with  the  width  and  condition  of  the  street  on 
which  said  crossing  is  situated. 

Sec.  7.  City  council  may  construct  or  repair.  If  any 

such  railroad  corporation  shall,  after  having  been  notified  as 
provided  for  in  the  preceding  section,  neglect  or  refuse  to  con¬ 
struct,  alter  or  repair  such  crossing  or  approaches  within  thirty 
days  after  such  notice,  then  the  city  council  shall  forthwith 
cause  such  construction,  alterations  or  repairs  to  be  made  and 
such  railroad  corporation  shall  be  held  for  all  necessary  ex¬ 
penses  incurred  in  making  such  construction,  alteration  or  re- 


Railroads. 


189 


pairs,  and  in  addition  thereto  shall  be  liable  to  a  fine  of  one 
hundred  dollars  for  such  neglect,  which  fine  shall  be  enforced 
by  the  city  council,  in  the  name  of  the  people  of  the  state  of 
Illinois,  before  any  court  of  competent  jurisdiction  in  the  county 
of  La  Salle.  Such  fine  when  collected  shall  be  paid  into  the  city 
treasury. 

Sec.  8.  City  council  to  order  flagmen  and  gate  tender, 
etc.  Whenever,  in  the  opinion  of  the  city  council  it  shall  be 
deemed  necessary  to  require  any  railroad  corporation  operating 
any  railroad  within  or  through  the  corporate  limits  of  the  city 
of  Marseilles  to  station  a  flagman  or  to  erect  and  maintain 
gates  at  the  points  where  the  tracks  of  any  such  company,  cor¬ 
poration  or  other  person,  cross  any  street  within  said  city,  or  if 
said  city  council  shall  require  the  erection  and  maintenance  of 
any  fence  along  the  tracks  of  any  such  corporation  or  other  per¬ 
son,  or  the  planking  or  repair  of  any  crossing,  or  shall  require 
the  construction  and  maintenance  of  any  ditch,  drain,  culvert, 
cattle  guard,  sewer  or  other  conduct  for  drainage  or  other  pur¬ 
poses,  across,  along  or  through  the  lands  or  right  of  way  of  any 
such  railroad  corporation,  or  other  person;  or  shall  require  the 
removal  of  any  frog,  switch,  signal  or  stand  from  any  street,  the 
city  council  shall,  by  ordinance  or  otherwise,  direct  that  any 
such  railroad  corporation  or  other  person,  shall  within  a  time 
specified  in  such  ordinance,  or  other  order  of  such  city  council, 
perform  and  do  the  things  so  required ;  and  the  failure  to  do 
such  things  so  required  within  the  time  specified  shall  be  deemed 
a  violation  of  this  ordinance,  punishable  by  a  fine  of  not  less 
than  twenty  dollars  and  not  more  than  two  hundred  dollars  for 
each  day  of  such  failure  or  neglect  to  perform  aforesaid.  Such 
fine  to  be  collected  as  provided  in  section  seven  of  this  ordi¬ 
nance.  Every  such  flagman,  gate  tender,  guard,  or  other  re¬ 
quirements  that  may  be  ordered  as  provided  in  any  section  of 
this  ordinance,  shall  be  maintained  and  fulfilled  at  the  sole  ex¬ 
pense  of  said  railroad  corporation  or  other  person,  under  the 
supervision  and  direction  of  the  city  council  or  any  officer  by  it 
duly  authorized,  and  the  same  shall  hereafter,  thereafter  and 
forever  be  kept  and  maintained  by  such  railroad  company  or 
other  person  in  proper  care  and  condition  at  its  own  cost  and 
expense  and  without  cost  to  the  city  of  Marseilles. 


190 


Railroads. 


Sec.  9.  Gates  to  be  established,  flagman  to  be  stationed 
and  crossing  bell  to  be  installed  at  certain  crossings.  It  shall 
be  the  duty  of  the  Chicago.  Rock  Island  &  Pacific  railway  com¬ 
pany  to  erect  and  maintain,  at  its  own  expense,  gates  at  the 
crossings  of  said  railway  company  on  Main  street  in  said  city, 
to  station  a  flagman  at  the  crossing  of  said  railway  on  Chicago 
street  in  said  city  and  to  install  and  maintain  an  electric  bell  at 
the  crossing  of  said  railway  on  Aurora  street  in  said  city  of 
Marseilles. 

Sec.  10.  Duties  of  flagman  and  gate  tender.  It  shall  be 
the  duty  of  the  gate  tender  at  the  crossing  on  Main  street,  in 
said  city,  to  notify  and  inform  all  teams,  vehicles  and  all  and 
every  person  or  persons,  by  closing  the  gates  of  the  approach  of 
any  locomotive  engine  car  or  train  of  cars.  Said  gate  tender 
shall  be  on  duty  during  the  day. 

Sec.  11.  Lights  at  stations  and  grounds.  That  all  per¬ 
sons,  companies  and  corporations  owning,  leasing  or  operating 
any  railway  or  railroad  in  the  city  of  Marseilles,  and  engaged  in 
the  transportation  of  passengers  for  hire,  shall  keep  their  res¬ 
pective  passenger  depot  and  platform  well  lighted  at  night  with 
electric  lights  or  any  other  light  of  equal  illuminating  power; 
Provided  that  the  term  “night,”  hereinbefore  used,  shall  be  held 
and  taken  to  mean  from  and  after  dusk  in  the  evening  to  and 
until  daylight  in  the  morning. 

Sec.  12.  Penalty.  Any  person  or  persons,  company  or 
corporation  violating  any  of  the  provisions  of  sections  ten  or 
eleven  of  this  ordinance  shall  be  fined  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars,  and  each  and  every  day  or 
night  that  such  person  or  persons,  company  or  companies,  or 
corporations  shall  neglect  or  refuse  to  comply  with  the  provisions 
of  said  sections  shall  be  taken  as  a  new,  separate  and  distinct 
offense. 

Sec.  13.  Duties  when  trains  are  backing.  Whenever 
any  railroad  company  or  other  person  operating  any  railroad 
within  this  city  shall  move  any  car  or  train  of  cars  by  pushing 
the  same,  it  shall  be  the  duty  of  any  such  railroad  company  or 
other  person  to  maintain  on  the  end  of  said  car  or  train  of  cars 


Railroads. 


191 


toward  the  direction  in  which  said  car  or  train  of  cars  is  being 
moved,  a  competent  railroad  man,  whose  duty  it  shall  be  to 
warn  all  persons  endangered  by  the  approach  of  such  car  or 
train  of  cars,  and  it  shall  be  unlawful  to  cause  any  car  or  cars 
to  be  moved  in  what  is  known  as  a  “flying  switch”  or  kicking 
any  car  or  cars  back  detached  from  the  locomotive  engine  over 
any  crossing  within  the  city  of  Marseilles.  Any  violation  of 
this  section  shall  subject  the  offender  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 


192 


Slot  Machines. 


CHAPTER  XXXVI. 

SLOT  MACHINES. 

Section  1.  Prohibits  use  of — penalty. 

2.  Declared  a  gambling  device — confiscation. 

3.  Penalty  for  having  in  possession. 

Section  1.  Prohibits  use  of — penalty.  That  whoever 
within  the  corporate  limits  of  the  city  of  Marseilles,  in,  upon, 
about  or  in  any  part  of  any  room,  saloon,  tavern,  shed,  booth, 
building,  }rard,  garden,  lawn,  park,  street,  sidewalk,  common, 
boat,  launch,  water-craft  or  inclosure,  keeps,  owns,  operates, 
rents  or  uses  any  clock,  joker,  tape,  slot  machine  or  any  other 
device  or  appliance  upon  which  money  is  staked  or  hazarded  or 
into  which  or  upon  which  money  is  placed  or  bet  upon  chance, 
or  upon  the  result  of  the  action  of  such  machine  or  device, 
money  or  other  valuable  thing  is  staked,  bet,  hazarded,  won  or 
lost,  whether  such  machine  or  device  be  operated  by  the  use  of 
coin,  pieces  of  metal  or  other  substance,  shall  be  fined,  upon 
conviction  or  plea  of  guilty,  for  the  first  offense  not  less  than 
fifty  (50)  dollars  nor  more  than  one  hundred  (100)  dollars;  and 
for  the  second  offense,  upon  conviction  or  plea  of  guilty,  shall 
be  fined  not  less  than  one  hundred  (100)  dollars  nor  more  than 
two  hundred  (200)  dollars,  and  shall  be  confined  in  the  city 
prison  not  less  than  ten  (10)  days  nor  more  than  thirty  (30) 
days;  and  for  the  third  and  any  subsequent  offense,  upon  con¬ 
viction  or  plea  of  guilty,  shall  be  fined  not  less  than  one  hun 
dred-fifty  (150)  dollars  nor  more  than  two  hundred  (200)  dol¬ 
lars  and  shall  be  imprisoned  in  the  county  jail  not  less  than  Iwo 
(2)  months  nor  more  than  six  (6)  months. 

Sec.  2.  Declared  a  gambling  device — confiscation. 

Every  clock,  tape  machine  or  other  device  or  appliance  for  the 
reception  of  money  on  chance  or  upon  the  action  of  which  money 
is  staked,  hazarded,  bet,  won  or  lost,  is  hereby  declared  a 


« 


Slot  Machines. 


193 


gambling  device  and  shall  be  subject  to  seizure,  confiscation  and 
destruction  by  the  mayor,  chief  of  police,  assistant  chief  of  po¬ 
lice  or  any  police  officer  or  other  person  acting  as  such. 

Sec.  3.  Penalty  for  having  in  possession.  Every  owner, 
occupant,  lessee,  mortgagee  or  other  person  in  possession  of  any 
premises  upon  which  any  gambling  device  is  located,  and  every 
person  in  the  use,  operation,  lessee,  or  other  possession  of  such 
gambling  device  shall  be  fined,  upon  conviction  or  plea  of  guilty 
for  the  first  offense  not  less  than  fifty  (50)  dollars  nor  more  than 
one  hundred  (100)  dollars;  and  for  the  second  offense,  upon  con 
viction  or  plea  of  guilty,  shall  be  fined  not  less  than  one  hun¬ 
dred  (100)  dollars  nor  more  than  two  hundred  (200)  dollars  and 
shall  be  confined  in  the  city  prison  not  less  than  ten  (10)  days 
nor  more  than  thirty  (30)  days;  and  for  the  third  and  any  sub¬ 
sequent  offenses,  upon  conviction  or  plea  of  guilty,  shall  be  fined 
not  less  than  one  hundred-fifty  (150)  dollars  nor  more  than  two 
hundred  (200)  dollars  and  shall  be  imprisoned  in  the  county 
jail  not  less  than  two  (2)  months  nor  more  than  six  (6)  months. 


194 


Miscellaneous  Ordinances. 


> 


CHAPTER  XXXVIE 


MISCELLANEOUS  ORDINANCES. 

RELATING  TO  DUST. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
either  themselves,  their  agents  or  employes,  to  operate  any  ma¬ 
chinery  the  use  of  which  causes  dust,  dirt  or  offal  to  escape  into 
the  air  upon  the  public  streets  of  the  city  except  upon  the  con¬ 
ditions  hereinafter  staled. 

Sec.  2.  Any  person  or  persons  engaging  in,  or  are  now  en¬ 
gaged  in  the  operation  of  any  business,  the  running  of  which 
produces  the  escape  of  dust,  dirt  or  offal  into  the  air  of  the  pub¬ 
lic  streets  as  mentioned  in  section  one  of  this  ordinance,  shall 
before  commencing  or  continuing  the  operation  of  any  ma¬ 
chinery  as  aforesaid,  provide  him  or  themselves  with  the  neces¬ 
sary  appliances  to  prevent  the  escape  into  the  air  of  the  city 
streets  of  all  dust,  dirt  or  offal  produced  by  the  use  of  said  ma¬ 
chinery. 

Sec.  3.  Any  person  or  persons  not  complying  with  the 
provisions  of  section  two  of  this  ordinance  shall  be  fined  in  a 
sum  not  to  exceed  one  hundred  dollars,  and,  upon  conviction, 
shall  pay  into  the  city  treasury  the  sum  of  twenty-five  dollars 
per  day  for  each  day  the  said  machinery  is  operated  thereafter, 
the  same  to  be  taxed  as  costs  upon  a  second  conviction. 

TRACTION  ENGINES. 

Section  1.  That  it  shall  be  unlawful  for  any  person  or  per¬ 
sons  owning  or  operating  any  traction  or  road  engine  which  is  pro- 


Miscellaneous  Ordinances 


195 


pelled  either  in  whole  or  in  part  by  steam,  to  be  moved  upon  the 
city  streets  by  the  owner  or  owners  thereof  or  their  agents  or  em¬ 
ployes,  except  upon  the  conditions  and  regulations  hereinafter 
set  forth. 

Sec.  2.  The  owner  or  owners  of  any  traction  or  road 
engine  mentioned  in  section  one  of  this  ordinance,  shall  before 
entering  upon  the  streets  of  the  city,  harness  or  cause  to  be 
harnessed  in  front  of  said  engine  a  team  of  horses,  and  shall 
keep  at  least  one  hundred  feet  in  advance  of  said  engine  a  man 
whose  duty  it  shall  be  to  see  to  the  safety  of  all  horses  and  con¬ 
veyances  which  said  engine  may  pass  during  its  progress  through 
the  said  streets. 

Sec.  3.  The  owner  or  owners  of  any  engine  aforesaid  shall, 
before  entering  upon  Main  street,  inform  the  police  (if  they  be 
on  duty)  of  the  intention  of  said  owner  or  owners  or  their  agents 
to  move  said  engine  through  said  Main  street  and  obtain  the 
assistance  of  the  police  of  the  city  in  caring  for  any  teams  which 
may  be  hitched  upon  said  street. 

Sec.  4.  It  shall  be  unlawful  for  person  or  persons  in 
charge  of  any  traction  or  road  engine  mentioned  in  section  one 
of  this  ordinance,  to  blow  the  whistle  of  any  engine  or  to  keep 
up  such  a  head  of  steam  as  to  cause  the  escape  of  steam  from 
the  safety  valve  of  any  engine  during  the  passage  of  said  engine 
through  the  streets  of  the  city. 

Sec.  5.  Any  owner  or  owners  who  either  themselves,  their 
agents  or  employes  move  any  traction  or  road  engine  upon  the 
streets  of  said  city  without  complying  with  all  the  provisions  of 
this  ordinance  shall  be  fined  in  a  sum  of  not  less  than  ten  dol¬ 
lars  nor  more  than  fifty  dollars  for  each  offense. 


COASTING. 

Section  1.  That  the  coasting  on  Williams  street,  Pomeroy 
street,  Glen  avenue,  Armstrong  avenue,  Chicago  street,  Corn 
street,  Orange  street,  Aberdeen  street,  or  upon  any  other  street 
or  avenue  within  said  city  where  it  will  interfere  with  public 
travel,  be,  and  the  same  is  hereby  declared  a  public  nuisance, 
and  every  person  so  offending,  shall,  upon  conviction  thereof, 


196 


Miscellaneous  Ordinances. 


be  fined  in  a  sum  not  less  than  one  dollar  nor  more  than  ten 
dollars  for  each  offense. 


BATHING. 

Section  1.  No  person  or  persons  shall  be  allowed  to  bathe 
in  the  river,  canal,  mill  races  or  ponds  within  the  limits  of  the 
city  between  the  hours  of  five  o’clock  in  the  morning  and  eight 
o’clock  in  the  evening  of  any  day,  under  a  penalty  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 


Certificate  of  Passage  of  Ordinance. 


197 


AN  ORDINANCE 


Providing  for  the  Publication  of  the  Ordinances  of  the  City  of  Marseilles. 


Be  it  Ordained  by  the  City  Council  of  the  City  of  Marseilles,  Illinois: 

Section  1.  That  the  foregoing  chapters  prepared  and  sub¬ 
mitted  by  Peter  M.  Mac  Arthur,  numbered  from  I  to  XXXVII 
inclusive  and  more  particularly  described  by  their  respective 
titles  as  follows,  to-wit: 


Chapter  I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 

XXV. 

XXVI. 

XXVII. 

XXVIII. 

XXIX. 


XXX. 

XXXI. 

XXXII. 

XXXIII. 

XXXIV. 

XXXV. 

XXXVI. 

XXXVII. 


The  Mayor  and  his  Duties 
City  Clerk. 

City  Treasurer. 

City  Attorney. 

City  Engineer. 

Superintendent  of  Streets. 

Police  Magistrate. 

Pound  Master. 

Bridge  Tender. 

City  Teamster. 

Police  Department. 

Health  Officer. 

Fire  Department. 

Corporation  Counsel. 

The  City  Council. 

Streets,  Alleys  and  Public  Grounds. 
Boundaries  of  City  and  Wards. 
Grades  and  Sidewalks. 

Contracts  for  Public  Works. 

Fire  Limits. 

Health  Regulations. 

Official  Printing 
The  Public  Lihrarv. 

m/ 

Corporate  Seal. 

Plats. 

Dram  Shops. 

Insurance  Companies. 

Licenses. 

Plumbing. 

Animals. 

Nuisances. 

Offenses. 

Fines  and  Penalties. 

Scavengers. 

Railroads. 

Slot  Machines. 

Miscellaneous  Ordinances. 


198 


Certificate  of  Passage  of  Ordinance. 


Are  hereby  adopted  and  declared  to  be  the  ordinances  of  the 
city  of  Marseilles,  Illinois,  and  it  is  hereby  further  ordered  that 
the  said  chapters  and  ordinances  above  mentioned  be  published 
forthwith  in  book  form  by  authority  of  the  city  council  of  said 
city. 

Sec.  2.  That  all  public  or  general  ordinances  or  parts 
thereof  in  conflict  herewith  are  hereby  repealed:  Provided,  how¬ 
ever,  that  no  fine,  forfeiture,  penalty,  right,  action,  suit,  bebt  or 
liability  whatsoever  created,  instituted,  incurred,  or  accrued  by 
or  under  the  same  shall  be  released,  discharged,  annulled  or  in 
any  wise  affected,  but  may  be  prosecuted,  recovered  or  enjoined 
as  fully  and  in  the  same  manner  in  all  respects  as  if  such  ordi¬ 
nances  or  part  thereof  had  remained  in  full  force. 

Sec.  3.  This  ordinance  and  each  of  said  chapters  thereof 
shall  be  in  force  ten  days  from  and  after  its  passage,  approval 
and  due  publication. 

Passed  by  the  City  Council  this  second  day  of  October,  A. 
D.,  1905,  by  the  following  vote:  Ayes:  Aid.  Dean,  Grant,  Iver¬ 
son,  White. 

I  hereby  approve  this  ordinance  this  second  day  of  October 
A.  D.,  1905. 

HERBERT  B.  McKAHIN, 

Mayor. 

Attest : 

O.  F.  HOWLAND, 

City  Clerk. 

By  WALTER  CLOUSER,  Deputy. 

STATE  OF  ILLINOIS,  ! 

La  Salle  County.  f  ss' 

I,  M.  F.  Bovard,  do  hereby  certify  that  the  above  and  fore¬ 
going  ordinance  entitled  “An  Ordinance  Providing  for  the 
Publication  of  the  Ordinances  of  the  City  of  Marseilles,”  was  duly 
published  in  the  Marseilles  Daily  Register-Chronicle,  a  news¬ 
paper  of  general  circulation  within  the  city  of  Marseilles,  in  said 
county  and  state  upon  the  third  day  of  October,  1905. 

M.  F.  BOVARD,  Puolisher. 


Certificate  of  Authentication. 


199 


CERTIFICATE  OF  AUTHENTICATION. 


STATE  OF  ILLINOIS, 

La  Salle  County,  }  ss. 

City  of  Marseilles. 

I,  0.  F.  Howland,  city  clerk  in  and  for  the  said  city  of  Mar¬ 
seilles,  in  the  county  of  La  Salle  and  state  of  Illinois,  and  keeper 
of  the  records  and  seal  thereof,  do  hereby  certify  that  the  fore¬ 
going  is  a  true,  perfect  and  authentic  copy  of  the  Revised  Ordi¬ 
nances  of  the  city  of  Marseilles,  including  a  certain  ordinance 
entitled  “An  Ordinance  Revising  and  Consolidating  the  General 
Ordinances  of  the  City  of  Marseilles,”  consisting  of  thirty-seven 
chapters,  numbered  from  I  to  XXXVII,  both  inclusive,  duly 
passed  by  the  city  council  of  said  city,  together  with  a  certain 
ordinance  entitled  “An  Ordinance  Providing  for  the  Publication 
of  the  Ordinances  of  the  City  of  Marseilles”,  passed  October  2d, 
A.  D.  1905,  as  the  same  were  prepared,  revised  and  arranged  by 
Peter  M.  MacArthur,  and  ordered  printed  and  published  in  book 
form  by  the  city  council  of  said  city,  the  same  being  printed 
and  published  by  authority  of  the  city  council  and  according 
to  law. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed 
the  corporate  seal  of  the  city  of  Marseilles  this  14th  day  of  Oc¬ 
tober,  A.  D.  1905. 

O.  F.  HOWLAND, 

City  Clerk. 


SEAL. 


Contents. 


201 


» 

CONTENTS. 


Page 

Incorporation  of  City  .  3 

History  of  Marseilles  .  5 

List  of  City  Officers  .  11 

Ttules  and  order  of  business  of  Council  .  15 

The  Mayor  and  bis  Duties  .  21 

City  Clerk  . 25 

City  Treasurer  .  31 

City  Attorney  .  35 

City  Engineer  .  38 

Superintendent  of  Streets  .  39 

Police  Magistrate  . 46 

Pound  Master  .  51 

Bridge  Tender  . 52 

City  Teamster  .  54 

Police  Department  . 5b 

Chief  of  Police  .  56 

Assistant  Chief  of  Police  .  58 

Police  . 59 

Health  Officer  . 65 

Fire  Department  .  70 

Fire  Marshal  .  71 

Assistant  Fire  Marshal  .  73 

Fire  Department  Regulations  .  74 

Corporation  Counsel  .  81 

City  Council  . 85 

Streets,  Alleys  and  Public  Grounds  .  93 

Boundaries  of  City  and  Wards  .  100 

Grades  and  Sidewalks  .  103 

Contracts  for  Public  Works  .  107 

Fire  Limits  .  110 

Health  Regulations  .  113 

Official  Printing  . * .  115 

Free  Public  Library  .  117 

Corporation  Seal  .  119 

Plats  .  120 

Dram  Shop  .  121 

Insurance  Companies  .  128 


202 


Contents. 


Page 

Licenses  .  130 

Plumbing  .  139 

Animals  .  147 

Nuisances  .  156 

Offenses  .  164 

Fines  and  Penalties  .  180 

Scavenger  .  184 

Railroads  .  187 

Slot  Machines  .  192 

Miscellaneous  Ordinances  .  194 

Certificate  of  Passage  of  Ordinance  .  197 

Certificate  of  Authentication  .  199 


204 


Index. 


INDEX. 


Sec  Page 

ANIMALS 

Breaking  open  pound  . 17  152 

Care  of  impounded  animals  .  4  148 

Cruelty  .  6  170 

Dangerous  places  guarded  .  15  175 

Disposition  of  surplus  .  16  152 

Docketing  case — trial  .  10  150 

Frightening  teams  or  horses  .  14  175 

Hitching  horses  to  trees  . 9  178 

Horses  not  to  be  left  standing  .  11  178 

Leaving  unattended  .  3  173 

Not  to  run  at  large  .  1  148 

Notice  of  sale  .  13  1*51 

Officer  impounding  to  attend  trial  .  11  150 

Order  of  sale  -return  .  12  151 

Paying  money  to  magistrate  .  15  152 

Private  citizen  may  impound  .  3  148 

Posting  notices  .  9  150 

Pound  master  to  file  complaint  .  6  149 

Process  where  owner  is  known  .  7  149 

Process  where  owner  is  unkown .  8  149 

Redemption  before  complaint  .  5  148 

Redemption — sale — postponement  .  . .  14  152 

Standing  horses  on  streets  .  10  178 

Teams  obstructing  walk  .  7  106 

Teams  obstructing  street  crossings  .  13  174 

Teams  not  to  be  left  standing  .  11  178 

To  be  impounded  .  2  148 

ASSISTANT  CHIEF  OF  POLICE. 

Duties  .  3  59 

Office  created — term  .  1  58 

Oath — bond  .  2  59 

Report  to  chief .  4  59 

Salary  .  5  59 


Index. 


205 


Sec  Page 

ASSISTANT  FIRE  MARSHAL 

Compensation  .  4  74 

Duties  . 3  74 

Oath — bond  .  2  73 

Office  created  .  1  73 

AUCTIONEERS. 

Bond  .  2  132 

Deceiving  bidders — penalty  .  5  133 

License  fee  .  3  132 

No  sale  without  license  by  auction  .  1  132 

Penalty  for  violating  ordinance  .  4  133 

BICYCLES 

Coasting  .  10  174 

Lamps  . 8  173 

Not  allowed  on  sidewalk  or  berm  .  7  173 

BATHING 

Penalty  .  1  196 

BILLIARD  AND  POOL  TABLES 

License  fee  .  1  133 

Minors  not  to  be  admitted . - .  4  133 

Penalty  ior  keeping  table  without  license  .  2  133 

To  be  closed  on  certain  hours  and  on  Sundays  .  .  3  133 

BOND 

Assistant  chief  of  police  .  2  59 

Assistant  fire  marshal  .  2  73 

Auctioneer  .  2  132 

Bidders  .  5  108 

Bridge  tender  .  4  53 

City  attorney  .  2  35 

City  Clerk  .  2  25 

City  council  authorized  to  issue  .  18  89 

City  engineer  .  2  38 

City  teamster  .  3  54 

Chief  of  police  .  2  57 

Contractor  .  7  108 

Corporation  counsel  . 1  81 

Dram  shop  .  4  122 

Druggist  .  3  I35 


206 


Index. 


Sec  Page 

BOND 

For  appearance  .  4  181 

Forfeiture  of  bond  .  5  181 

Fire  marshal  .  2  71 

Health  officer  .  2  65 

Junk  shop  . 2  135 

Mayor  .  2  22 

Plumber  .  2  139 

Pound  master  .  2  51 

Police  .  2  60 

Scavenger  .  3  184 

Superintendent  of  streets  .  2  42 

Treasurer  .  2  32 

Where  required  .  1  131 

BOUNDARIES. 

Of  city  .  1  100 

Of  wards  .  102 

y 

BOWLING  ALLEYS 

License  fee  .  1  134 

Minors  not  to  be  admitted .  4  134 

Penalty  for  keeping  without  license  .  2  134 

To  be  closed  at  certain  hours  and  on  Sunday  ....  3  134 

BRIDGE  TENDER 

Appointment  .  2  52 

Duties  .  5  53 

Oath — bond  .  4  53 

Office  created  .  1  52 

Salary  . 6  53 

Term  of  office  .  3  53 

CATTLE — See  animals. 

CHIEF  OF  POLICE 

Attend  council  meetings,  etc .  6  57 

Care  of  property  .  10  58 

Control  of  police  force — absence  .  5  57 

Devote  entire  time — offenders  .  4  57 

Keep  police  record  .  7  57 

Oath — bond  .  2  57 

Office  created — term  .  1  56 


Index 


207 


Sec  Page 

CHIEF  OF  POLICE 

Power  of  marshal  and  constable  .  3  57 

Salary  . 12  58 

Serving  papers  .  11  58 

Superintend  working  out  of  fine  .  9  182 

To  abate  nuisances  .  3  163 

Turn  over  money  .  9  58 

Yearly  reports  .  8  58 

CITY  COUNCIL 

Annual  appropriation  ordinance  .  19  90 

Annual  tax  levy  .  22  91 

Appointment  of  committees  .  5  87 

Borrow  money — limitation  . 18  89 

Construct  or  repair  rail  road  crossing .  7  188 

Compensation  .  26  92 

Compelling  attendance  .  8  87 

Duties  of  standing  committees  .  6  87 

Fiscal  year  .  17  89 

Grant  dram  shop  license  .  2  121 

How  composed — filling  vacancies  .  1  85 

Members  required  to  vote  .  9  88 

Limitation  of  expenditures  .  20  90 

Municipal  year  .  16  89 

No  contract  without  appropriation  .  21  91 

Order  flagmen  or  gate  tender  . .  8  189 

Passing  ordinance  over  veto  .  14  89 

Powers  of  city  council  .  25  92 

Publication  of  ordinances — when  take  effect  ....  13  89 

Qualifications  of  aldermen  .  2  85 

Quorum  .  7  87 

Reconsideration  .  10  88 

Regular  meetings  .  3  86 

Report  of  committee — when  laid  over  .  11  88 

Revoke  druggist  permit  .  7  137 

Special  tax  levy  .  23  91 

Special  meetings  .  4  86 

Territorial  jurisdiction  .  12  88 

To  approve  plats  .  1  120 

Uniformity  of  taxation  .  24  92 

When  ayes  and  nayes  required .  15  89 

CITY  ATTORNEY 

Appeal  .  5  36 


208 


Index. 


Sec  Page 

CITY  ATTORNEY 

Employment  of  deputy  .  . .  10  37 

Qualifications  .  1  35 

Oath — bond  .  2  35 

Power  to  dismiss  suits .  4  36 

Repeal  .  12  37 

Salary  .  11  37 

Shall  turn  over  to  successor  .  9  36 

To  collect  judgments  .  6  36 

To  prosecute  for  violations  of  ordinances  .  3  35 

To  turn  over  money  .  7  36 

To  try  suits  .  9  49 

CITY  CLERK 

Account  of  city  revenues  . .  19  29 

Annual  report  .  20  30 

Appoint  deputy  .  13  28 

Corporate  seal — certified  copies  of  papers .  8  27 

Collector’s  annual  report  .  5  26 

Collector  not  to  detain  money — penalty  .  6  26 

Deliver  papers  to  committees  and  officers  .  11  27 

Ex-officio  city  collector — duties  .  4  26 

General  supervision — charge  of  papers  .  15  28 

Keeping  minutes— serving  notices  .  7  26 

Keep  records — turn  same  over  to  successor  ....  24  30 

List  of  warrants — how  signed  .  22  30 

May  require  claimant  to  make  oath  .  21  30 

Notice  of  election  or  appointment  of  officers  ....  14  28 

Oath-bond  .  2  25 

Office — office  hours  .  3  26 

Other  duties  .  25  31 

Prepare  official  papers  .  12  27 

Publish  ordinances  .  10  27 

Qualifications  .  1  25 

Record  ordinances  .  9  27 

Report  estimates-aggregate  income  and  liabilities  16  28 

Record  of  bonds  .  17  29 

Record  of  licenses  .  18  29 

Record  of  elections  and  appointments  .  23  30 

Salary  . .# .  26  31 

To  advertise  for  bids  .  4  108 

To  advertise  for  bids  for  public  printing  .  1  115 

To  approve  license  where  bond  is  required .  1  131 

To  attest  record  of  plat .  1  120 


Index 


209 


Sec  Page 

CITY  CLERK 

To  issue  dram  shop  license  .  5  123 

To  “keep”  corporate  “seal”  .  2  119 

To  keep  record  of  druggists  permits  .  8  138 

To  open  and  read  bids  .  6  108 

To  provide  tags  for  dogs .  6  154 

CITY  TREASURER 

Appointment — confirmation  .  2  54 

Duties  .  4  54 

Emergency  .  6  55 

Oath — bond  .  3  54 

Office  created  .  1  54 

Salary  .  5  55 

CITY  TEAMSTER 

Annual  statement  .  10  33 

Duty  in  regard  to  issuance  license  fee .  4  129 

Keep  special  assessment  funds  separate  .  5  32 

Methods  of  keeping  books — open  to  inspection  .  8  33 

Monthly  statements — register  of  warrants  .  9  33 

Oath  — bond  .  2  32 

Qualifications  .  1  31 

Receive  money — keep  accounts — give  receipts  3  32 

Report  delinquent  officers  .  . .  . : .  7  33 

Salary  . 11  34 

Shall  not  use  city  funds  .  6  32 

Warrants  .  4  32 

CORPORATION  COUNSEL 

Accidents  . 12  83 

Annual  report  .  9  83 

Appeal  from  justice  .  8  82 

Corporation  counsel — appointment — oath — bond.  1  81 

Employment  of  deputy  .  14  84 

Legal  advisor  .  2  81 

Power  to  dismiss  suits  . \  .  7  82 

Repeal  .  16  84 

Revise  ordinances  .  10  83 

Salary  .  15  84 

Shall  turn  over  to  successor  .  13  84 

To  draw  and  examine  papers  .  3  82 

To  collect  judgments  .  5  82 

To  keep  record  . .  11  83 


210 


Index. 


Sec  PcLcrG 

CORPORATION  COUNSEL 

To  turn  over  money  . 6  82 

To  prosecute  and  defend  suits  . 4  32 

CITY  ENGINEER 

Annual  report  .  10  40 

Examine  bills  and  if  corect  certify  .  5  39 

Give  grades  upon  request  .  7  39 

Inspect  materials  .  5  39 

Issue  permits  for  sewer  connections  .  9  40 

Keep  all  plats  . 11  40 

Keep  book  of  grades,  etc .  0  39 

Keep  survey  book  of  sewers  .  8  39 

Office  created — term  .  1  38 

Oath — bond  .  2  38 

Prepare  plans  .  3  107 

Preserve  original  papers  .  8  39 

Salary  .  12  41 

See  to  execution  of  contracts .  4  39 

Superintend  public  work  .  4  39 

Time  devoted — submit  plans  and  estimates  ....  3  38 

To  furnish  estimates  . 2  107 

To  report  on  contractor’s  work .  12  109 

CONTRACTS  FOR  PUBLIC  WORK 

Acceptance  of  work — payment .  12  109 

Bids  opened  .  6  10S 

Clerk  to  advertise  for  bids  .  4  108 

Contract — bond  . 7  108 

Contracts  payable  from  assessments  .  10  109 

Contracts — how  let .  1  107 

Estimates  .  2  107 

Extra  work  .  8  109 

May  suspend  work  .  11  109 

Profile — specifications  .  2  107 

Proposals  and  bond  .  5  108 

Surplus  earth  .  9  109 

CORPORATE  SEAL 

Clerk  to  keep  .  2  119 

Form  of  .  1  119 


Index 


21 1 


Sec  Page 

COASTING. 

Bicycle  or  other  vehicle  .  10  174 

Where  a  nuisance  .  1  195 

DOGS 

City  clerk  to  provide  tags .  6  154 

Dogs  not  to  go  unmuzzled .  12  155 

Dogs  without  collar  and  tags  to  he  impounded  . .  8  154 

License  fee  in  lieu  of  other  taxes  on  dogs  .  11  154 

Licensed  dogs  to  wear  collar  with  tags  attached.  7  154 

Mad  dogs — mayor’s  proclamation  .  2  153 

Not  allowed  to  run  at  large  .  1  153 

Penalty  .  10  154 

Penalty  for  interfering  with  an  officer .  4  153 

Pound  keeper— duties — fees  .  9  154 

Proceedings  to  abate  nuisance  on  complaint  ....  13  155 

To  be  licensed — fee .  5  153 

When  deemed  a  nuisance — how  abated .  7  154 

When  nuisance  .  3  153 

DRAM  SHOP 

Application  for  license  . 3  122 

Bond  .  4  122 

Concerts — singing  .  15  125 

Defined  .  1  121 

Drunkenness — gambling  .  10  124 

Emergency  .  23  127 

Employment  of  minors  .  12  124 

Evasions  .  18  126 

Issuance  of  license — return  of  fee .  5  123 

License — term  .  2  121 

License  to  be  posted  .  6  123 

Loud  noises — quarreling — fighting  .  14  125 

May  be  closed  by  proclamation .  20  126 

Notice  to  saloon  keepers  .  13  125 

Nuisances  .  21  127 

Penalty  for  failing  to  post  license  .  7  123 

Permitting  minors  or  drunkards  in  saloon  .  12  124 

Screens  .  19  126 

Selling  without  license — penalty .  8  123 

Selling  or  giving  minors  or  drunkards  .  11  124 

To  be  closed  Sunday  .  9  124 

To  be  closed  on  election  day  .  16  125 


212 


Index- 


Sec  Page 

DRAM  SHOP 

To  be  closed  during  certain  hours .  17  12G 

Revocation  of  license  .  24  127 

Women  of  ill-fame  not  allowed  in  saloon .  22  127 

DRUGGISTS 

Application — how  obtained  .  2  136 

Bond  .  3  136 

City  Clerk  to  keep  register .  8  138 

Expiration  of  permit  .  4  137 

Liquor  to  be  sold  for  what  purposes .  5  137 

Penalty  .  9  138 

Permit  .  1  136 

Precautions  .  6  137 

Revocation  of  permits  .  7  137 

DUST. 

Appliance  of  prevent  escape  of  dust  from  ma¬ 
chine  .  2  194 

Machine  causing  dust  .  1  194 

Penalty  .  3  194 

FINES  AND  PENALTIES 

Actions — where  brought  .  1  180 

Actions — how  commenced  .  2  180 

Bond  for  appearance  .  . .  4  181 

Failure  to  appear — forfeiture  of  bond  .  5  181 

Fare  while  working  out  tine .  10  182 

Magistrate  to  keep  records — pay  over  fines  ....  11  182 

Officers  to  attend  as  witnesses  .  7  181 

Payment  of  costs  by  city — parties  fined  .  12  183 

Punishment  upon  conviction  .  8  182 

Warrants — by  whom  served  .  3  181 

Trial  by  jury  .  6  181 

Working  out  fine  .  9  182 

FIRE  LIMITS 

Limits  prescribed  .  1  HO 

Character  of  buildings  in  fire  limits . .  2  111 

Building  in  violation  of  ordinance  a  nuisance  . .  7  112 

Manner  of  ascertaining  damages  .  5  111 

When  buildings  to  be  torn  down  .  4  111 

Wooden  buildings  damaged  less  than  50  per  cent  6  112 

Wooden  building  defined  . 8  112 

Wooden  buildings  prohibited .  3  111 


Index. 


213 


Sec  Page 

FIRE  DEPARTMENT 

Combustibles  .  15  77 

Compensation  of  firemen  .  28  80 

Control  of  .  3  74 

Department  created  .  1  70 

Duties  of  officers  to  enforce  this  chapter .  20  78 

Expense  how  defrayed  .  4  74 

Fire  alarm  apparatus  not  to  be  used  except  in 

case  of  fire .  25  79 

Fire  alarm  boxes  and  telegraph  apparatus  not  to 

be  interfered  with  .  24  79 

Fire  apparatus  not  to  be  obstructed  .  10  76 

Fire  hose  not  to  be  driven  on .  9  76 

Fire  marshal  may  examine  dwellings  and  other 
buildings  to  prevent  accumulation  of  combustibles  21  78 

Fires  not  to  be  kindled  .  18  78 

Fireman  empowered  to  make  and  cause  arrest  27  80 

Has  control  of  police  at  fires .  6  75 

Insepction  to  be  made — by  whom .  14  77 

Lamps  in  stables,  etc .  17  77 

Marshal  to  appoint  commander  in  his  absence  11  76 

Marshal  under  control  of  mayor  .  1  74 

Members  — how  appointed  .  2  74 

Not  to  go  beyond  city  limits  without  permission  .  5  75 

Owner  and  occupant  to  prevent  accumulation  of 

combustibles  . 22  78 

Penalty  .  26  79 

Penalty  for  neglecting  to  repair  as  directed  ....  8  75 

Penalties  .  19  78 

Removal  of  combustibles — penalty  .  23  79 

Stoves  and  pipes .  13  76 

Stoves  pipes — how  erected  .  12  76 

To  cause  necessary  repairs  .  7  75 

Where  prohibited  . 16  77 

FIRE  MARSHAL 

Command  organization — tear  down  buildings  ....  4  71 

Enforce  ordinances  .  5  72 

Examine  places  liable  to  cause  fire  .  6  72 

Keep  a  record — annual  reports  .  9  73 

Office  created — appointment  .  1  71 

Oath — bond  .  2  <  1 

Powers — duties  .  3  71 

Salary  .  H  73 

Preferring  charges — suspension  .  8  <2 


214 


Index. 


0 


Sec  Page 

FIRE  MARSHAL 

Prescribe  rules  .  7  72 

Successor  .  10  73 

FREE  PUBLIC  LIBRARY. 

Annual  tax  levy  .  6  118 

Defacing  books — penalty  .  7  118 

Defacing  building  etc. — penalty  .  8  119 

Emergency  . 10  119 

Failure  to  return  books — penalty  .  9  119 

Library  established  .  1  117 

Mayor  to  appoint  directors  .  2  117 

Power  of  directors  .  4  118 

Term  of  office — -removal — vacancies  .  3  117 

Who  may  use  library  .  5  118 

GRADES. 

Bench  mark  established  .  1  103 

For  side  walks  .  1  104 

For  steps — cellar  ways,  etc  .  6  105 

Grade  for  Main  street  .  2  103 

Other  grades  to  conform  herewith .  3  104 

HEALTH  OFFICER 

Abate  nuisances— notices  .  6  60 

Advise  city  authorities — investigate  diseases  ...  4  66 

Annual  report — estimate  of  appropriations  .  14  69 

Enforce  laws  and  ordinances  .  5  66 

Health  inspector— appointment,  etc  .  12  68 

Keep  books  .  3  65 

Monthly  report  .  13  68 

Office  created— term  .  1  65 

Order  vaccination — penalty  .  9  67 

Qualification— appointment — oath — bond  .  2  65 

Removal  and  care  of  persons  with  contagious 

disease  .  7  67 

Remove  filth — prevent  spread  of  disease .  10  68 

Report  of  physicians  .  11  68 

Salary  .  15  69 

Small-pox  and  other  notices .  8  67 

To  notify  owner  of  offensive  privy  vault .  7  185 

HEALTH  REGULATION. 

Adulterated  milk  .  10  115 

Bringing  infection  into  city  .  6  114 


Index 


215 


Sec  Page 

HEALTH  REGULATIONS 

Changing  apparel  .  5  114 

Diseased  animals  .  2  113 

Diseased  food  .  9  115 

Filthy  matter  in  street .  1  113 

Meats  not  to  be  sold  .  7  114 

Spreading  small  pox  .  4  113 

Watering  troughs  .  3  113 

What  animals  condemned  .  8  114 

Unwholesome  food  .  10  115 


HORSES — See  animals 


INSURANCE  COMPANIES. 

Agents  to  make  report— pay  license  fee .  2  128 

Duty  of  treasurer  in  regard  to  said  fund .  4  129 

License  fee — how  computed  .  1  128 

Penalty  .  3  129 

LICENSES. 

Application  for  license  .  1  131 

Auctioneers  .  1  132 

Billiard  and  pool  table  .  1  133 

Bowling  alleys  .  1  134 

Dogs  .  5  153 

Dram  shops  .  1  121 

Druggist  .  1  136 

In  lieu  of  taxes  on  dogs  . .  11  154 

Insurance  companies  . 1  128 

Issuance  for  license  .  2  131 

Junk  shops  .  1  135 

License  for  only  one  year  .  3  131 

License  not  transferable  .  3  131 

Licenses  subject  to  ordinance — revocation  .  4  132 

Plumbers  .  1  139 

Scavengers  .  1  184 

MAYOR. 

Additional  duties  .  13  24 

Appointment  of  city  officers  .  5  22 

Endorse  record  of  approval  of  plat  .  1  120 

Enforce  ordinances  .  3  22 

May  dismiss  any  suit  pending  in  a  justice  court 

in  which  the  city  is  plantiff .  12  24 


216 


Index. 


Sec  Page 

MAYOR. 

May  release  prisoners  .  11  24 

May  revoke  dram  shop  license .  24  127 

Mayor  pro  tem .  14  24 

Oath — bond  .  2  21 

Ordinances — approval — veto .  8  23 

Power  to  examine  records .  10  24 

Qualifications  .  1  21 

Removal  of  officers — disapproval  .  7  23 

Sign  commission— contracts,  etc .  9  24 

Salary  . 15  24 

Supervise  conduct  of  officers  .  6  23 

To  appoint  directors  of  public  library .  2  117 

To  select  appraiser  .  5  111 

Vacancy  .  4  22 

NUISANCES 

Casting  filth  into  well  or  cistern  .  9  159 

Cellars,  vaults,  etc .  8  15S 

Cleaning'  privy  vault  .  13  159 

Cockle  burrs,  thistles,  weeds,  etc  .  11  159 

Buildings  and  fences  in  streets  .  23  162 

Burial  of  dead  animals  .  5  158 

Dangerous  sidewalks  .  20  161 

Dead  animals  .  4  157 

Depositing  offensive  matter  on  adjacent  premises  6  158 

Excavations  in  streets,  etc .  14  160 

Fire-damaged  building  .  7  112 

Height  of  awning  .  16  160 

Manure  . 2  157 

Obstructing  streams,  sewers,  etc .  7  158 

Offensive  matter  . 3  157 

Open  cellar  doors,  vaults,  etc  .  19  161 

Piling  goods,  etc.  on  sidewalks  .  22  162 

Privy  becoming  a  nuisance  .  12  159 

Roofs,  gutters,  etc  .  21  161 

Signs  obstructing  streets  and  sidewalks  .  16  160 

Slaughter  houses,  etc  .  10  159 

Stables,  pens,  etc .  1  156 

Unsafe  buildings,  etc  .  18  161 

Unsafe  coal  vault  .  17  160 

Unsafe  scaffolding  .  15  160 


Index. 


217 


Sec  Page 


NUISANCES 

* 

Abate  dog  nuisance  . 13  155 

Abatement  .  1  1G2 

Animals  running  at  large  .  1  148 

Coasting  .  1  195 

Chief  of  police  to  abate .  3  1G3 

Dogs  .  3  153 

Dram  shops  .  21  127 

Licensed  dogs  .  7  154 

Penalty  .  2  163 

OFFENSES  CONCERNING  PROPERTY. 

Advertisements  on  poles  .  4  177 

Defacing  property  .  2  176 

Defacing  posters,  legal  notices,  etc .  3  176 

Destroying  property  .  1  176 

Hitching  horses  to  trees  .  9  178 

Horses  or  teams  not  to  be  left  standing .  11  178 

Injuring  trees,  etc .  5  177 

Injuring  property  in  park .  6  177 

Removing  corner  stones  .  8  178 

Standing  horses  on  streets  .  10  178 

Throwing  stones  .  7  178 

OFFENSES  AGAINST  PUBLIC  SAFETY  AND  CONVENIENCE 

Barbed  wire  fences  .  18  175 

Bicycles  not  allowed  on  sidewalk  or  berm  .  7  173 

Cellarways  .  6  105 

Coasting  .  10  174 

Dangerous  places  guarded  .  15  175 

Discharging  fire  arms  .  1  172 

Electric  wires  crossing  .  20  176 

Fast  driving  .  2  172 

Fast  riding  .  6  173 

Frightening  teams — obstructing  sidewalks  .  14  175 

Lamps  on  bicycle  .  8  173 

Leaving  animals  unattended  .  3  173 

Obstructing  street  crossings  .  13  174 

Placing  glass,  tacks,  etc  on  sidewalk  .  9  174 

Playing  ball — flying  kites  in  street .  12  174 

Playing  about  railroad  tracks — jumping  on  trains  16  175 

Poisonous  vines  .  19  176 

Riding  or  driving  on  sidewalk  or  berm  .  5  173 

Signs — coal  hole  covers — cellar  doors  .  11  174 

Teams  passing  on  street  .  4  173 

Throwing  water  . 17  175 


218 


Index. 


Sec  Pago 

OFFENSES  AGAINST  PUBLIC  MORALS 

Cruelty  to  animals  .  6  170 

Exhibiting  and  selling  indecent  publications  ....  5  1C9 

Fighting  dogs,  chickens,  etc .  10  171 

Frequently  gambling  houses  .  9  170 

Gambling  devices  prohibited  .  8  170 

Indecent  exposure — lewd  act — penalty  .  1  169 

Indecent  cartoons,  etc  .  2  169 

Indecent  exposure  of  stallions,  etc .  3  169 

Indecent  play,  etc  .  4  169 

Inmate  or  frequenter  of  house  of  ill-fame .  14  172 

Keeping  house  of  ill-fame  .  12  171 

Keeping  gambling  house  . 7  170 

Lottery  prohibited  .  11  171 

Permitting  premises  to  be  used  for  house  of  ill- 

fame  .  13  171 

Procurer  for  house  of  ill-fame  .  15  172 

OFFENSES  AGAINST  PUBLIC  PEACE  AND  QUIET 

Assault— challenge — affray — penalty  .  1  166 

Boys  loitering  . 9  167 

Carrying  concealed  weapons— penalty  .  3  166 

Congregating  on  streets  prohibited  .  4  166 

Disturbing  lawful  assemblages  .  7  167 

Disturbing  peace — disorderly  conduct — profane 

language — penalty  .  2  166 

Disturbing  places  of  amusement — election  .  8  167 

False  alarm  of  fire  .  13  168 

Furnishing  liquor  to  prisoners  .  15  168 

Intoxication  .  11  168 

Intoxication  of  officers  .  14  168 

Persons  congregated  upon  streets — refusal  to  dis¬ 
perse  .  10  167 

Resisting  officer — assisting  escape . 12  168 

Unlawful  assemblages — penalty  .  5  166 

Unlawful  assemblages  on  private  premises  .  6  167 

OFFICIAL  PRINTING. 

Bids  opened  .  3  116 

Clerk  to  advertise  for  bids .  1  115 

Contract  .  5  116 

Forms  .  4  116 

Publish  ten  days — bids  .  2  116 


Index. 


219 


Sec  Page 

PLATS. 

Engineer  to  keep  all  plats  .  11  40 

To  be  approved  by  council  .  1  120 

PLUMBING. 

Anti-syphon  pipes — combined  pipes — non-vertical 

pipes  .  25  144 

Bends  and  turns  . .  12  142 

Cellar  drains  .  31  145 

Certain  work  to  be  done  in  presence  of  inspector.  13  142 

Connections  of  lead  and  iron  pipes  .  22  144 

Drip  overflow  pipes  .  26  144 

Duties  of  inspector  .  7  141 

Pall  required  .  11  142 

Grade  of  cast  iron  pipes  .  18  143 

Grade  of  lead  pipes  .  19  143 

Grease  traps  .  24  144 

How  license  procured — bond  .  2  140 

Inpection — tests  .  33  145 

Joints  in  waste  pipes  .  21  144 

License  .  1  139 

License  not  to  extend  beyond  fiscal  year .  3  140 

Main  soil  pipe  .  14  143 

Manner  of  laying  outside  sewer  work  .  10  142 

Permit  required  .  8  141 

Plumbing  and  sewer  inspector .  6  141 

Principal  responsible  for  acts  of  employes  .  4  140 

Requisites  prior  to  sewer  connections  .  5  141 

Soil  and  waste  pipe  direct  as  possible  .  15  143 

Steam  or  exhaust  pipes  .  30  145 

To  conform  to  regulations  .  9  142 

Traps  on  water  closets,  etc .  23  144 

Tanks  for  water  closets  .  28  145 

XJnirals  .  29  145 

Ventilation  pipes  .  16  143 

Violations  of  provisions  of  chapter — -penalty  ....  34  146 

Waste  pipes  from  sinks  and  bath  tubs .  20  144 

Waste  pipe  from  refrigerator  .  27  144 

When  ventilating  pipe  used  .  17  143 

Wooden  wash  traps  and  sinks  prohibited .  32  145 

POLICE  DEPARTMENT 

Department  created  .  1  56 


2  20 


Index. 


Sec  Page 

POLICE 

Aid  fire  department  .  S  61 

Assist  traction  engines  on  streets  .  3  195 

Calling  on  by-standers  for  assistance  .  7  61 

Compensation  of  police  .  24  64 

Deportment  .  13  62 

Drunkenness — entering  saloons  .  12  62 

Extra  duties  .  11  62 

Impound  animals  .  2  148 

Looking  after  sidewalks  and  property  .  15  62 

Memorandum  book  .  14  62 

Neglect  or  violation  of  duty .  9  61 

Oath — bond  .  2  60 

Oath — bond  .  22  64 

Performance  of  duty  .  3  60 

Person  or  corporation  to  make  written  request  .  23  64 

Police  district  created  .  20  64 

Report  to  superior  officer  .  4  60 

Resistance  of  an  officer— penalty  .  19  63 

Serving  process  within  city  .  5  60 

Serving  process  without  city  .  6  61 

Special  policemen  .  18  63 

Supplied  with  badge  and  billy . 16  62 

Temporary  policeman .  17  63 

Term  .  1  59 

To  serve  warrants  .  3  181 

Uniform  .  10  62 

Watchman  in  district  to  act  as  policeman  .  21  64 

POLICE  MAGISTRATE 

Amount  of  fees  allowed  magistrate  and  other 

officers  .  8  49 

City  attorney  to  try  suits  .  9  49 

Costs  not  allowed  . 13  50 

Defendant  must  work  out  fine  .  3  48 

How  officer  to  execute  writs  .  6  49 

If  defendant  refuses  to  work — duty  of  officer  4  48 

If  judgment  not  paid,  what  proceeding — form 

of  execution — proviso  .  2  46 

Magistrate  to  act  as  police  court .  10  50 

Magistrates  and  justices  to  report  quarterly  ...  11  50 

Pay  over  fines  .  11  182 

Penalty  for  failure  to  report  .  12  50 

Police  magistrate  and  justices  to  tax  costs  .  7  49 


Index.  221 


Sec  Page 

POLICE  MAGISTRATE 

Superintendent  of  streets  may  restrain  defend¬ 
ants  .  5  48 

To  keep  records  .  11  182 

Where  suits  to  be  brought— complaint .  1  46 

POUND  MASTER. 

Attend  trial  .  11  150 

Care  for  impounded  animals  .  4  148 

Duties  .  3  51 

Fees  .  5  52 

Fees  .  9  154 

File  complaint  .  6  149 

Monthly  report  .  4  51 

Notice  of  sale  .  13  151 

Oath — bond  .  2  51 

Office  created — term  .  1  51 

Pay  money  to  magistrate  .  15  152 

Post  notices  .  9  150 

RAILROADS 

City  council  may  construct  or  repair  .  7  188 

City  council  to  order  flagman  and  gate  tender,  etc.  8  189 

Crossing  bell  at  certain  crossings  .  9  190 

Duties  of  gate  tender  .  10  190 

Duties  when  trains  are  backing  .  13  190 

Gates  to  be  established — flagman  stationed  ....  9  190 

Headlight  .  2  187 

Lights  at  stations  .  11  190 

Neglect  to  make  and  maintain  crossings  .  6  1S8 

Not  to  block  crossings  .  1  187 

Not  to  unnecessarily  sound  whistle  or  let  off 

steam  . 4  188 

Penalty  .  12  190 

Shall  construct  crossings  and  approaches  .  5  188 

Shall  open  way  for  fire  engines  .  3  187 

SCAVENGER 

Bond  .  3  184 

Cleanliness  . 4  185 

Comply  with  ordinance — penalty  .  8  186 

Disposition  .  5  185 

Fees  to  be  charged  .  9  186 

Health  officer  to  notify  .  7  185 


222 


Index. 


Sec  Page 


SCAVENGER 

License  .  1  184 

Penalty  .  2  184 

When  vaults  shall  be  cleaned  .  6  185 


SIDEWALKS 


Gates  swinging  over  sidewalk  .  8  106' 

Grades  .  1  104 

Grades  for  steps— -cellarways,  etc . 6  105  ' 

Leaving  team  so  as  to  ot struct  walk  .  4  106 

Manner  of  constructing  sidewalks  .  3  105 

Materials  . 2  104 

Officers  to  report  defects  .  9  106 

Special  ordinance  . 4  105 

When  owner  furnishes  material  .  5  105 


SLOT  MACHINES 

Declared  a  gambling  device — confiscation  .  2  192 

Penalty  for  having  in  possession  .  3  193 

Prohibits  use  of — penalty  .  1  192 


STREETS,  ALLEYS  AND  PUBLIC  GROUNDS 


Broadway — reservation  for  park  purposes .  17  97 

Blockade  of  streets  by  teams .  8  95 

Casting  ashes,  etc.  on  the  street  .  9  95 

Distributing  advertisements  .  14  97 

Driving  in  park  .  16  97 

Erecting  booths,  stands,  etc .  15  97 

Excavating  in  the  streets,  etc . 2  93 

Expectorating  upon,  and  littering  the  sidewalk  .  18  98 

Fencing  street  .  5  94 

Filling  excavation  .  3  94 

Garbage  boxes  for  the  deposit  of  refuse  matter  19  98 

Hauling  hay,  etc  . 12  96 

Height  from  ground  . 11  96 

Removing  earth  from  the  streets,  etc .  1  93 

Leaving  excavation  unprotected  .  4  94 

Moving  buildings  through  streets .  7  95 

Obstructing  the  street  with  building  material  6  95 

Railroads  maintain  crossings  .  5  188 

Taking  stallion  or  Jackass  through  streets .  29  99 

Telegraph  poles  and  wires  .  10  96 

Throwing  paper  on  streets  .  13  97 


Index. 


223 


Sec  Page 

SUPERINTENDENT  07  STREETS. 

Account  of  expenditures — examine  accounts  ....  11  45 

Annual  report  .  13  45 

Charge  of  street  improvements .  3  42 

Clean  streets— examine  sewers  .  5  43 

Employ  laborers  —  their  compensation  —  keep 

time  .  6  43 

Ex-officio  plumbing  and  sewer  inspector .  6  141 

Keep  list  of  property — turn  over  to  successor  9  44 

List  of  sewers— manholes  .  10  44 

May  restrain  defendants  .  5  48 

Monthly  report  .  12  45 

Oath — bond  .  2  42 

Office  created  .  1  42 

Purchase  implements  and  materials — mark 

implements  .  8  44 

Report  to  mayor — orders  . 4  43 

Salary  .  14  45 

Supervise  tapping  of  sewers  .  7  43 

TRACTION  ENGINES 

On  streets  .  1  194 

Penalty  .  5  195 

Police  to  assist  .  3  195 

Precautions  on  streets  .  2  195 

Whistle  blowing — steam  escaping  .  4  195 

VAGRANTS 

Not  allowed  in  city  .  1  179 


